SAP List of Prices and Conditions SAP Software and

Transcription

SAP Business Suite
SAP NetWeaver
SAP BusinessObjects
SAP Business One
SAP List of Prices and Conditions
SAP Software and Support
2014/1 Switzerland
Version March, 2014
SAP Confidential
SAP List of Prices and Conditions SAP Software and Support enCH.v.3-2014
1
Not a valid pricelist.
Convenience Translation of the German language
SAP List of Prices and Conditions
Software and Support.
The German original is authoritative.
PART 1 PRICES ................................................................................................................................................................................................. 4
PART 2 SOFTWARE USE RIGHTS .................................................................................................................................................................. 7
Preamble ............................................................................................................................................................................................................. 7
Exhibit 1 - Legacy SBOP and SBOP Software ................................................................................................................................................ 14
Exhibit 2 - Named User Metrics and Package Metrics .................................................................................................................................... 18
REMAINING METRICS ................................................................................................................................................................................... 24
REMAINING METRICS - A .............................................................................................................................................................................. 24
REMAINING METRICS - B .............................................................................................................................................................................. 25
REMAINING METRICS - C .............................................................................................................................................................................. 27
REMAINING METRICS - D .............................................................................................................................................................................. 30
REMAINING METRICS - E .............................................................................................................................................................................. 30
REMAINING METRICS - F............................................................................................................................................................................... 31
REMAINING METRICS - G .............................................................................................................................................................................. 31
REMAINING METRICS - H .............................................................................................................................................................................. 32
REMAINING METRICS - I ................................................................................................................................................................................ 32
REMAINING METRICS - J ............................................................................................................................................................................... 32
REMAINING METRICS - L ............................................................................................................................................................................... 33
REMAINING METRICS - M .............................................................................................................................................................................. 34
REMAINING METRICS - N .............................................................................................................................................................................. 34
REMAINING METRICS - O .............................................................................................................................................................................. 34
REMAINING METRICS - P .............................................................................................................................................................................. 35
REMAINING METRICS - R .............................................................................................................................................................................. 37
REMAINING METRICS - S .............................................................................................................................................................................. 39
REMAINING METRICS - T............................................................................................................................................................................... 40
REMAINING METRICS - U .............................................................................................................................................................................. 42
REMAINING METRICS - V .............................................................................................................................................................................. 43
REMAINING METRICS - W ............................................................................................................................................................................. 44
Exhibit 3 - Package Restrictions....................................................................................................................................................................... 45
1 SAP BUSINESS SUITE UND ENTERPRISE FOUNDATION........................................................................................................................................ 45
SAP Confidential
2
2 ENTERPRISE EXTENSIONS ...................................................................................................................................................................................... 45
3 INDUSTRY PORTFOLIO ........................................................................................................................................................................................... 46
4 THIRD PARTY RESELLING........................................................................................................................................................................................ 47
5 SAP NETWEAVER .................................................................................................................................................................................................... 47
6 SAP BUSINESSOBJECTS .......................................................................................................................................................................................... 49
7 SAP CRYSTAL ........................................................................................................................................................................................................... 57
8 SUPPLEMENTARY PRODUCTS ................................................................................................................................................................................ 60
9 SYBASE-PORTFOLIO-PRODUKTE. ........................................................................................................................................................................... 64
10 SAP HANA ............................................................................................................................................................................................................. 68
11 N.A. ............................................................................................................................................................................................... 72
12 N.A. ............................................................................................................................................................................................... 72
13 LINE OF BUSINESS PORTFOLIO ........................................................................................................................................................ 72
14 SAP ERP FOUNDATION EXTENSION ................................................................................................................................................. 72
Exhibit 4 - Pass Through Terms for Third Party Databases ........................................................................................................................... 73
Exhibit 5 - Pass Through Terms for Address Directories ................................................................................................................................ 88
Exhibit 6 – SAP Business One Software ....................................................................................................................................................... 108
Exhibit 7 – Metrics for SAP Non-Standard Software Components ............................................................................................................... 112
PART 3 SAP MAINTENANCE AND SUPPORT............................................................................................................................................ 116
SAP Confidential
3
PART 1 PRICES
Part 1 of this document contains provisions on prices and part 2 and 3 contain the conditions for the license and support of standard software.
This present document incorporates in its Part 1 “Prices” by reference the following documents, as detailed below.
The SAP List of Prices and Conditions Software and Support (for direct sales) for SAP Business Suite, SAP NetWeaver, SAP Business
Objects consists of the following documents:
This present document incorporating:
SAP Price list (SAP Business Suite, SAP NetWeaver, SAP BusinessObjects), without the document „Pricing and Licensing Principles“
referenced therein
This present document together with the document named above form the SAP List of Prices and Conditions SAP Software and Support for
SAP Business Suite, SAP NetWeaver, SAP Business Objects (Direct Sales).
The SAP List of Prices and Conditions Software and Support (for direct sales) for SAP Business One consists of the following documents:
This present document incorporating:
SAP Price List SAP Business One, without the document „Pricing and Licensing Principles“ referenced therein
This present document together with the document named above form the SAP List of Prices and Conditions SAP Software and Support for
SAP Business One.
SAP Confidential
4
1.1
Price Calculation
The contract price is defined as the total list price minus standard volume discounts. It is calculated as follows:
Determine the SAP Application Value (SAV) by adding list prices of SAV-relevant price list items
The SAP Application Value is determined separately for discountable and non-discountable price list items. It excludes all price list items that
do not contribute to the SAP Application Value (non-SAV items).
If a database is licensed, calculate the database price by applying the appropriate percentage to the SAP Application Value
The database price is determined separately for discountable and non-discountable price list items.
For SAP Business One the following will apply instead
The respective Database Price will be calculated based on the sum per User/per CPU and is not discountable.
Determine list price for items that do not contribute to the SAP Application Value (sub-total non-SAV items)
The list price subtotal for items that do not contribute to the SAP Application Value is determined separately for discountable and nondiscountable price list items.
Determine total list price
Add discountable and non-discountable part of the SAP Application Value, discountable and non-discountable portion of the database price,
as well as discountable and non-discountable subtotal of price list items that do not contribute to the SAP Application Value.
Determine standard volume discount percentage based on total list price
Determine relevant discount percentage from volume schedule
Determine contract price
Apply standard volume discount to discountable part of total list price and add the result to the non-discountable part of total list price.
For SAP Business the following will apply
The Volume discount (which will be calculated according to the SAP Price List for SAP Business One) cannot be applied in conjunction with
any other discount offered by SAP. If the customer is receiving a corporate discount, the volume discount is replaced by the corporate
discount.
The corporate discount is defined as the discount customers may receive according to the conditions of their existing contract.
SAP Confidential
5
1.2
Further Special Conditions for SAP Business One
1.2.1
Minimum license requirement
The contract price (in the following of this chapter also named “total contract value” ) of an initial purchase needs to exceed CHF 121.000, with
the contract price defined as list price minus volume or corporate discounts, calculated according to the SAP price list for SAP Business One,
current from time.
The total contract value of subsequent purchases needs to exceed CHF 18.150.
1.2.2
Support for SAP Business One
Customers using SAP Business One are only eligible to order the special SAP Standard Support for SAP Business One, according the
conditions of the SAP Price list Business One.
1.3
Term Based License
The monthly fee for term based license rental is expressed as a percentage of the corresponding remuneration for the corresponding paid up
license. It depends on the minimum period of validity.
Fees paid for term based license cannot be set off against the price in a subsequent paid up license contract.
Term of Term based License
Monthly Fee for Term
based License
Monthly Fee for Term
based License
Enterprise Support
Standard Support
12 months
(initially committed term)
36 months
Monthly Fee
for Term based License
Product Support for
Large Enterprises
6.5 %
6.0%
5,9%
5%
4.5%
4,4%
(initially committed term)
IMPORTANT NOTE: Availability of term based license contracts is restricted in the following countries.
Chile, China, Croatia, Hong Kong, Hungary, Ireland, Singapore, Switzerland, Taiwan
For a detailed description of the scope of SAP Standard Support, SAP Enterprise Support, and SAP Product Support for Large Enterprises
and their prerequisites, see Part 3.
SAP Confidential
6
PART 2 SOFTWARE USE RIGHTS
This part of the document contains the conditions for the licensing of the software, that are incorporated into the contractual agreements.
Preamble
The terms on SAP Software use Rights set forth in this use document (“use Terms”) apply to any Named Users and Packages (both
as defined in Section 1.1.1 hereof) licensed pursuant to the Software Agreement referencing use this present document . Except as
otherwise set forth herein, each capitalized term referenced in these use Terms shall have the meaning given it in the Software
Agreement or in the document “Standard Software License and Support, General Terms and Conditions SAP (Switzerland) Inc.
(GTC). Unless otherwise indicated, terms/restrictions applicable to a component also apply when that component is
included/embedded with another Package
1.
LICENSING PRINCIPLES / RULES OF USE
1.1
Definitions
1.1.1
As used in these use Terms:
1) each SAP Software (in the context of this document called “Software” or “SAP Software”) and/or Third Party Software (both as
defined in the GTC) product licensed pursuant to the Software Agreement referencing use this present document may be referred to
as a “Software Package” (when referencing only Software) or “Third Party Software Package” (when referencing only Third Party
Software) or “Package” (when referencing both Software and Third Party Software);
2) “Named User” shall mean any individual authorized by Licensee to use (in accordance with the terms of the Software Agreement)
a Package, including without limitation employees of its Affiliates or its Business Partners;
3) “Named User License” shall mean the Metric and Licensed Level applicable to each Named User;
4) “Package License” shall mean the Metric and Licensed Level applicable to each Package;
5) “Metric” shall mean a) when referenced in the context of a Named User, the individual Named User category and type (and
corresponding Named User definition setting for such Named User’s use rights) as further described in Section 2.1 hereof -and- b)
when referenced in the context of a Package, the individual business metric corresponding with each Package as further described
in Section 2.2 hereof;
6) “Licensed Level” shall mean a) when referenced in the context of a Named User, the quantity of Metric for which each individual
Named User category and type is licensed -and- b) when referenced in the context of a Package, the quantity of Metric for which
each individual Package is licensed;
7) “Use" means to activate the processing capabilities of the Software, load, execute, access, employ the Software, or display
information resulting from such capabilities; and
8) “Software Agreement Software Agreement” shall mean the agreements on the license and support of standard software. Use
may occur by way of an interface delivered with or as a part of the Software, a Licensee or third-party interface, or another
intermediary system.
1.2
Standard License Principles / Rules of Use
1.2.1
Named User License & Package License Required. Except as otherwise specifically provided in Sections 1.3.2 and 3 hereof with
respect to applicability of Named User Licenses, 1) the use of any Package requires both a Named User License and a Package
License; 2) Licensee needs to hold a Named User License for any individual accessing any Package, and such Named User
License shall define the extent to which such individual may use the Package, such use of the Package in all cases being further
subject to the Package License and otherwise in accordance with the terms of the Software Agreement.
1.2.2
Additional Named User Rules for SBOP and Legacy SBOP Software Not Licensed For Standalone Use. “SBOP” and “Legacy
SBOP” shall mean any Software identified as SBOP or Legacy SBOP, respectively, in Exhibit 1 to these Use Terms. Unless
otherwise specifically set forth herein, all references to “SBOP” shall be deemed to include any licensed Software identified under
any Software Agreement as “Legacy SBOP”; however, references to “Legacy SBOP” shall only mean any licensed Software
specifically identified as “Legacy SBOP” on Exhibit 1.
Any licensed SBOP may only be used by individuals licensed as a Developer User, Business Expert User, Business Analytics
Professional User or BI Limited User, and such use shall be in accordance with each individual’s respective Named User type (and
subject to the applicable Licensed Level(s) for such Software). Any licensed Legacy SBOP may only be used by individuals licensed
as a Developer User, Business Expert User, Business Analytics Professional User, BI Limited User, or Business Information User,
and such use shall be in accordance with each individual’s respective Named User type (and subject to the applicable Licensed
Level(s) for such Software).
SAP Confidential
7
1.2.3
Runtime Software. Licensed Package(s) may utilize limited functionality of other Packages, for which Licensee does not hold a
license (“Runtime Software”). Until Licensee has expressly licensed the Runtime Software, Licensee’s use of such Runtime
Software is limited to access by and through the licensed Package(s), and any permitted Modifications thereto for the sole purpose
of enabling performance of the licensed Package(s). In the event Licensee Uses a Package to build and/or operate a custom
developed or third party application, additional licenses may be required.
1.2.4
Country / Language Versions and Availability Restrictions. There are no applicable country/language specific versions licensed by
Licensee from SAP unless otherwise specifically stated in a Software Agreement. Packages may be subject to availability
restrictions. Information about such restrictions including country availability, supported languages, supported operating systems
and databases may be provided through the Product Availability Matrix (PAM) published at www.service.sap.com/pam or otherwise
included in the Documentation.
1.2.5
Internet Connectivity. Some Packages require connection to the internet in order to properly function. Licensee is responsible for
obtaining internet connectivity and SAP will not be responsible for loss of functionality due to failure of internet connectivity
1.2.6
Operating Power Stations and Means of Mass Transportation.
Software may not be used for process control in power stations or for control or monitoring of means of mass transportation.
1.2.7
Add-Ons and Modifications
“Add-on” means any coding developed by Licensee or by a third party on Licensee’s behalf communicating with the Software via
SAP APIs that adds or supplements new and independent functionality to SAP Software, but does not constitute a Modification.
“API” means SAP’s application programming interfaces, as well as other SAP code that allow other software products to
communicate with or call on SAP Software (for example, SAP Enterprise Services, BAPIs, IDocs, RFCs and ABAP or other user
exits) provided under the Software Agreement.
“IP Rights” (“Intellectual Property Rights”) means without limitation any patents and other rights to inventions, copyrights,
trademarks, trade names and service marks and any other intangible property rights and all related rights of use or
commercialization.
"Modification" means any reworking of SAP Software developed by Licensee or by a third party on Licensee’s behalf within the
meaning of the Swiss Copyright Act (“URG”) section 11 Nr. 1 lit. a, e. g. changes to the delivered source code or metadata
1.2.7.1
Except as otherwise agreed and except as expressly required by law or expressly permitted in this section 1.2.7, Licensee is not
entitled to create, use, or make available to any third party any Modification of SAP Software. The creation of indirect works (“Werke
zweiter Hand”) is not permitted. Except as otherwise agreed and except as expressly required by law or expressly permitted in this
section 2.3, Licensee is not entitled to use any software tool or API that is contained in SAP Software or is otherwise obtained from
SAP to make any Add-On or to use any software tool or API so contained or obtained with any Add-On.
1.2.7.2
SAP points out that even a minor Modification to SAP Software may lead to possibly unpredictable and significant faults in the
running of SAP Software and other programs and in communications between SAP Software and other programs. Faults may also
arise because a Modification is not compatible with later versions of SAP Software. Neither SAP nor any Affiliate of SAP is under
any duty to eliminate any fault arising in connection with a Modification, and nor is either otherwise answerable in respect of any
such fault. Notably, SAP is entitled to change SAP Software, APIs, or both, without care for the compatibility of any Modification that
Licensee uses with any later version of SAP Software. The foregoing provisions in this section 1.2.7.2 apply accordingly to the use
of SAP Software together with Add-Ons.
1.2.7.3
Provided that the provisions in this section 1.2.7.3 are fulfilled and Licensee gives the covenant required in section 1.2.7.5, sentence
1, SAP grants to Licensee the right to make and use Modifications to SAP Software that SAP delivers to Licensee.
(a)
Modifications may only be made in relation to SAP Software delivered in source code to Licensee by SAP.
1.2.7.4
(b)
Before making or using Modifications, Licensee must comply with the registration procedure as currently set out by SAP at
http://service.sap.com/sscr.
(c)
Modifications must not enable the bypassing or circumventing of any of the restrictions set forth in the Software
Agreement or in any other agreement between Licensee and SAP.
(d)
Modifications must not provide Licensee with access to the SAP Software to which Licensee is not licensed.
(e)
Modifications must not permit the mass data extraction from SAP Software to any non-SAP software, including use,
modification saving, or other processing of data in the non-SAP software.
(f)
Modifications must not impair, degrade, or reduce the performance or security of SAP Software.
(g)
Modifications must not render or provide any information concerning SAP software license terms, SAP Software, or any
other information related to SAP products.
(h)
Modifications must be used only together with SAP Software and only in accordance with the contractually agreed license
to use SAP Software.
Provided Licensee also complies with the provisions in section 1.2.7.3 (b) to (g) with respect to Add-Ons and gives the covenant
required in section 1.2.7.5, last sentence, SAP grants to Licensee the right to use any software tool or API that is contained in SAP
Software or is otherwise obtained from SAP to make Add-Ons and to use any software tool or API so contained or obtained with
Add-Ons. In all other respects 1.2.7.3 (h) applies accordingly. The right applies only for Add-Ons that add functions to SAP Software
and does not apply for Add-Ons that merely modify existing functions of SAP Software.
SAP Confidential
8
1.2.7.5
The right in the foregoing section 1.2.7.3 to make and use Modifications is conditional on Licensee’s having given a covenant not to
assert against SAP or its affiliates, or their resellers, distributors, suppliers, business partners, and licensees, any IP Right in any
such Modification. Notably, SAP is entitled at any time to develop, use, or market Modifications with functions that are wholly or in
any part identical with Modifications developed by or on behalf of Licensee, but SAP is not entitled to copy Licensee’s software
code. The foregoing provisions in this section 1.2.7.5 also apply accordingly to IP Rights in Add-Ons and to the right in section
1.2.7.4 to use any software tool or API that is contained in SAP Software or is otherwise obtained from SAP to make Add-Ons and
to use any software tool or API so contained or obtained with Add-Ons.
1.2.7.6
In respect of any Modification, SAP is entitled to require from Licensee for reasonable consideration the grant of an unrestricted and
unencumbered exclusive perpetual universal assignable license to use and exploit all of Licensee’s IP Rights in the Modification
concerned. That license includes, for example, the rights to copy, distribute, translate, process, arrange, and rework the Modification
– with the exclusive right to use such reworking, and to publish and to grant sublicenses in the Modification, and to incorporate the
Modification or any part of it into other software. If a license is granted as provided above in this paragraph, Licensee must on
demand give to SAP without delay all relevant information and documents relating to the Modification concerned, including but not
limited to the source code. Licensee must notify SAP promptly if it makes a Modification and must offer SAP a license in accordance
with the foregoing paragraph. The Licensee has still the right to use the Modifications according to 1.2.3.7 (h) together with the SAP
Software to the same extent as the SAP Software in case of the transfer of rights according to this chapter1.2.7.6. The foregoing
provisions in this section 1.2.7.6 apply accordingly to IP Rights in Add-Ons.
1.2.8
Import / Export
The SAP Software is subject to the export control laws of various countries, including without limit the laws of the United States and
Switzerland. Licensee agrees that it will not submit the SAP Software to any government agency for licensing consideration or other
regulatory approval without the prior written consent of SAP, and will not export the SAP Software to countries, persons or entities
prohibited by such laws. Licensee shall also be responsible for complying with all applicable legal regulations of the country where
Licensee is registered, and any foreign countries with respect to the use of the SAP Software by Licensee and its Affiliates.
1.2.9
Verification / Additional Licenses
Licensee must inform SAP in advance about any use of the SAP Software outside the contractually permitted use in writing. It
requires its own contract with SAP with regard to the additional license required (“Additional License”). The Additional License is
subject to the provisions of the LPC (List of Prices and Conditions) in force at the time of the execution of the Additional License.
SAP shall be permitted to audit (at least once annually and in accordance with SAP standard procedures, which may include on-site
and/or remote audit) the usage of the SAP Software. Licensee shall cooperate reasonably in the conduct of such audits.
Reasonable costs of SAP’s audit shall be paid by Licensee if the audit results indicate usage in breach of the Software Agreement.
In the event that an audit or other instance reveals that Licensee has used the SAP Software in excess of the contractual
agreements, SAP and Licensee will execute an Additional License under a separate Software Agreement. SAP reserves all rights to
claim damages.
1.3
Exceptional License Principles / Rules of Use for Special License Scenarios
1.3.1
This Section 1.3 sets forth the exceptional license principles / rules of use for the following special license scenarios (“Special
License Scenarios”), and, to the extent the exceptional license principles / rules of use for any Special License Scenario identified in
this Section 1.3 contradict the standard license principles / rules of use set forth in the Software Agreement and Section 1.2 hereof,
then the terms of this Section 1.3 shall control over those contradicting terms in Section 1.2 hereof.
1.3.2
Standalone Use. Software is licensed for Standalone use if identified as such in the applicable Software Agreement. “Standalone
Use” means the Software (and any corresponding Third Party Software) identified as “Standalone Use” that may only be Used, with
any other Software and/or Third Party Software with the same “Standalone Use” designation in the applicable Software Agreement
from SAP, or an authorized reseller, distributor or other authorized partner of SAP and/or non-SAP branded software licensed from
third parties..
For avoidance of doubt, all Software licensed under a Restricted License (as defined in Section 1.3.3) or by an SAP acquired entity
prior to its legal integration with a successive SAP entity is deemed licensed for Standalone Use only.
1.3.2.1.
Standalone Use of SBOP and Legacy SBOP Software. Use of SBOP and Legacy SBOP licensed for Standalone Use does require
a Named User License in addition to the Package License for the actual SBOP or Legacy SBOP, respectively.
SBOP Software licensed from any resellers, distributors, OEMs or other third parties may be used solely for Standalone Use, unless
otherwise agreed by SAP in writing in the applicable Software Agreement.
The only Named User types authorized to use SBOP licensed for Standalone Use are SAP Application Standalone Business
Analytics Professional User, or SAP Application Standalone BI Business Analyst Limited User, and such use shall be in accordance
with each individual’s respective Named User type (and subject to the applicable Licensed Level(s) for such Software).
The only Named User types authorized to use Legacy SBOP licensed for Standalone Use are SAP Application Standalone
Business Analytics Professional User, SAP Application Standalone BI Limited User, or SAP Application BI Viewer User, and such
use shall be in accordance with each individual’s respective Named User type (and subject to the applicable Licensed Level(s) for
such Software).
SAP Confidential
9
1.3.3
Restricted License. If Licensee acquired the Software bundled or otherwise provided in combination with or for use with a third party
product (“OEM Application”) from a third party, Licensee has acquired a Restricted License. Licensee may use each licensed copy
of the Software only in conjunction with the OEM Application with which it was provided. Accessing data that is not specifically
created or necessary to enable the functionalities of the OEM Application is in violation of this license. If the OEM Application
requires the use of a data mart or data warehouse, the OEM Apllication may be used with the data mart or data warehouse only to
access data created or necessary to enable the functionalities of the OEM Application. Restricted Licenses may not be combined
with unrestricted licenses.
1.3.4
Subscription License. Unless otherwise agreed in writing between the parties, if the Software is licensed on a subscription basis,
Licensee is granted a non-exclusive and non-transferable license to use the Software for a twelve-month term, renewable
annually at Licensor’s then current rate or such other term as mutually agreed in writing by the parties.
1.3.5
Development License. Unless otherwise agreed in writing between the parties, if Licensee receives a development license,
Licensee may use the number and type of licenses acquired only to develop or test such developments. A development license
cannot be used in or transferred to a production environment.
1.3.6
Update License. Unless otherwise agreed in writing between the parties, if Licensee receives the Software as an update to a
previously licensed product, Licensee’s license to use the Software is limited to the aggregate number of licenses Licensee has
acquired for the previous product. If Licensee chooses to use the Software and the previous product simultaneously, the
aggregate number of licenses used to access the Software and the previous product may not exceed the aggregate number of
licenses Licensee acquired for the previous product.
1.3.7
SAP Business One Software. Additional terms and conditions related to the licensing of SAP Business One Software, including
applicable Metrics and Package restrictions, are stated in Exhibit 6. Use of third party database products with SAP Business One
may be subject to additional terms and conditions required by SAP’s suppliers. Such additional terms and conditions are set forth
in Exhibit 4, “Pass-Through Terms for Third Party Databases.”
SAP Confidential
10
2.
METRICS
2.1
Named User Principles and Metrics
2.1.1
Named User Principles. Except as otherwise specifically provided in Sections 1.3.2 and 3 hereof with respect to applicability of
Named User Licenses, only appropriately licensed Named Users may use a Package, and such use shall be subject to the “Named
User License” and the “Package License”, and be otherwise in accordance with the terms of the Software Agreement. The total
number of licensed SAP Application Limited Professional Users must under no circumstances exceed the sum of licensed SAP
Application Professional Users and SAP Application Business Expert Users. The transfer of a Named User License from one
individual to another may only be done in if the individual to which the Named User License is assigned (i) is on vacation, (ii) is
absent due to sickness, (iii) has his/her employment terminated, (iv) is moved into a new job function which no longer requires
him/her to use any Packages or (v) is subject to a condition that is otherwise agreed by SAP.
2.1.2
Important Note for Licensees with Contracts from 2006 and earlier. Such Licensees may have licensed one of the following previous
user types: mySAP.com Users, SAP Business Suite Users, SAP ERP Users, Individual SAP solutions Users.
Licensees that have already licensed one or several of the above user types are permitted to license additional users of the same
user types. Such Licensees are not permitted to license SAP Application Users within their existing Software Agreement. Licensees
with contracts from 2006 or later that contain SAP Application users are not permitted to license any of these previous user types.
2.1.3
Named User Metric – Categories, Types and Corresponding Definitions.
Named User Metrics, including categories, types and corresponding definitions, are stated in Exhibit 2, which is incorporated herein
by reference.
2.1.4
Named User Exceptions:
2.1.4.1
Suppliers
When accessing the following SAP Software Packages, suppliers do not require Named User licenses: SAP Extended Sourcing,
SAP Extended Procurement, SAP Supplier Self Services, SAP Supplier Lifecycle Management, SAP SRM Rapid Deployment
Edition, SAP Supplier Collaboration, SAP Customer Collaboration, SAP Outsourced Manufacturing, SAP Trade Promotion Planning
for Consumer Products, SAP Trade Promotion Execution for Consumer Products, SAP Trade Funds and Claims Management for
Consumer Products, SAP Subcontractor Management for Consumer Products, SAP Procurement for Public Sector, SAP Supplier
Relationship Management & Logistics for Health Care.
2.1.4.2
Business Partners:
When accessing the following SAP Software Packages, Business Partners do not require Named User Licenses:, SAP Contract
Lifecycle Management.
2.1.4.3
Customers:
When accessing the following SAP Software Packages, customers do not require Named User Licenses: SAP Bill to Cash
Management for Energy Utilties, SAP Bill to Cash Management for Water Utilities.
2.1.4.4
Employees:
When accessing the following SAP Software Packages, Employees do not require Named User Licenses: SAP IT Service Desk
Operation, SAP Workforce Management for Retail.
2.1.4.5
Appraisers:
When accessing the following SAP Software Packages, appraisers do not require Named User Licenses: SAP Supplier Lifecycle
Management
2.2
Package Principles and Metrics
2.2.1
Package Principles. Each Package is licensed based upon the Metric applicable to it, and in no case may use of a Package exceed
the License Level for which the Package is licensed.
2.2.2
Package Metrics – Types and Corresponding Definitions.
Package Metrics, including types and corresponding definitions, are stated in Exhibit 2, which is incorporated herein by reference.
SAP Confidential
11
3.
PACKAGE SPECIFIC TERMS / USE RULES
3.1
Package Licenses A Package License for any Package referenced in Exhibit 3 shall include, and be subject to, the specific terms /
Use rules applicable to such Package as outlined in Exhibit 3, which is incorporated herein by reference.
3.2
Applicability This Section 3.2 applies to any Third Party Software Package (including, without limitation, databases) as well as for
Third Party Software as part of a Package, both licensed pursuant to a Software Agreement respectively and control over any
conflicting terms set forth in the GTC, subject to the following exception: The provisions herein on SAP’s liability for Third Party
Software are not applicable. The relevant provisions of the GTC apply exclusively. All Third Party Software Packages are restricted
for use solely in conjunction with the particular Package intended by SAP to be used therewith or with which SAP provides the Third
Party Software Package, and Third Party Software Packages may not be used with any other Package, or on an individual basis.
Unless otherwise specifically provided in Section 3 of the Use Terms, any use of the Third Party Software Packages (whether
productive or non-productive) shall count against the Licensed Level for any applicable Metric.
3.2.1
Exceptions from GTC for Third Party Software Packages.
3.2.1.1
Section 6.3 (Modification / Add-on) of the GTC shall not apply to any Third Party Software Packages. Licensee shall not make
Modifications or Add-ons to Third Party Software Packages, or otherwise modify Third Party Software Packages unless expressly
authorized by SAP in writing.
3.2.1.2
Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, WITH RESPECT TO ANY AND ALL
CLAIMS AND DAMAGES OF ANY KIND OR NATURE IN ANY WAY ARISING FROM OR RELATED TO THE THIRD PARTY
SOFTWARE LICENSED PURSUANT TO AN ORDER FORM REFERENCING THESE USE TERMS, UNDER NO
CIRCUMSTANCES SHALL SAP OR ITS LICENSORS BE LIABLE TO EACH OTHER OR ANY OTHER PERSON OR ENTITY FOR
AN AMOUNT OF DAMAGES IN EXCESS OF THE PAID LICENSE FEES FOR THE APPLICABLE THIRD PARTY SOFTWARE
DIRECTLY CAUSING THE DAMAGES OR BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER
FAILURE OR MALFUNCTION, OR EXEMPLARY OR PUNITIVE DAMAGES.
3.3
Third Party Databases
3.3.1.
If a runtime database is licensed and the Software Agreement does not exclude any Packages licensed thereunder from such
runtime database license, then the following terms shall govern Licensee’s use of such runtime database:
3.3.1.1.
Licensee may only use the runtime database licensed pursuant to a Software Agreement referencing Use Terms in conjunction with
its use of the Packages licensed pursuant to such Software Agreement. In the event Licensee Uses the licensed runtime database
other than as specified in this paragraph, a full use license, including programming tools, must be licensed directly from an
authorized vendor.
3.3.2
If a runtime database is licensed and the Software Agreement excludes certain Software Packages licensed thereunder from such
runtime database license (“Excluded Components”), then the following terms shall govern Licensee’s use of such runtime database:
3.3.2.1
Licensee may only use the runtime database licensed pursuant an Software Agreement referencing use this present document in
conjunction with its use of the Packages licensed pursuant to such Software Agreement that are not Excluded Components. In the
event Licensee Uses the licensed runtime database other than as specified in this paragraph, a full use license, including
programming tools, must be licensed directly from an authorized vendor.
3.3.2.2
The Excluded Components may require a database product. Respective to the Excluded Components: (i) neither the Software
Agreement nor the Software Agreement contain a license to use any database product, even where integrated or pre-installed as
part of the Excluded Components; (ii) each database product is subject to its respective vendor license agreement; (iii) SAP makes
no representations or warranties as to the terms of any license or the operation of any database product obtained directly from a
third party vendor; and (iv) Licensee is responsible for support and maintenance of any database product obtained from a third party
vendor, and SAP has no responsibility in this regard.
3.3.3
If a runtime database is not licensed, then the following terms shall apply:
3.3.3.1
The Packages licensed pursuant to an Software Agreement referencing use this present document may require a database product.
Respective to such Packages: (i) neither the Software Agreement nor the Software Agreement contain a license to use any
database product, even where integrated or pre-installed as part of such Software and/or third party software; (ii) each database
product is subject to its respective vendor license agreement; (iii) SAP makes no representations or warranties as to the terms of
any license or the operation of any database product obtained directly from a third party vendor; and (iv) Licensee is responsible for
support and maintenance of any database product obtained from a third party vendor, and SAP has no responsibility in this regard.
SAP Confidential
12
3.4
Standalone Use for Third Party Databases
If a Software Agreement referencing these Use Terms includes a Standalone Use restriction, then the following terms shall apply:
3.4.1
The Packages licensed pursuant to an Software Agreement referencing use this present document may require a database product.
Respective to Packages: (i) neither the Software Agreement nor the Software Agreement contain a license to use any database
product, even where integrated or pre-installed as part of such Software and/or third party software; (ii) each database product is
subject to its respective vendor license agreement; (iii) SAP makes no representations or warranties as to the terms of any license
or the operation of any database product obtained directly from a third party vendor; and (iv) Licensee is responsible for support and
maintenance of any database product obtained from a third party vendor, and SAP has no responsibility in this regard.
3.5
Pass-Through Terms
Use of third party database products and directories may be subject to additional terms and conditions required by SAP’s suppliers.
Such additional terms and conditions are set forth in Exhibit 4, “Pass-Through Terms for Third Party Databases” and Exhibit 5
“Pass-Through Terms for Directories,” respectively.
3.6
Open Source Software
Applicable specific conditions related to certain open source products made available by SAP are part of the applicable product
documentation and/or delivered with the Software as a “README” file and apply to Licensee’s use of any such open source
products. The definition of open source can be found under www.opensource.org/.
3.7
SAP Best Practices
Software Packages may be delivered with settings and master data that have been pre-configured to address the requirements of a
specific industry sector or country (SAP Best Practices). SAP Best Practices are only available for use in test/development systems,
not in productive systems.
3.8
SAP Tools
The Software, particularly the ABAP Workbench and SAP NetWeaver, contains software tools. Licensee may only use these tools
to program Modifications or to create Add-ons to the SAP software in accordance with the Software Agreement. The tools may not
be transferred, either in whole or in part, into modified or created software.
3.9
Function Modules
The Software may contain function modules, which are stored in a function library. Some of these function modules carry a release
indicator for transfer into modified or newly created software. Only these function modules may be transferred by the Licensee into
Modifications or Add-ons to the software. The function modules may not be modified or decompiled unless otherwise permitted
under the Software Agreement.
SAP Confidential
13
Exhibit 1 - Legacy SBOP and SBOP Software
Legacy SBOP
Business Intelligence
SAP BusinessObjects BI Starter Package
SAP BusinessObjects BI Package (CPU)
SAP BusinessObjects BI Package (user)
SBOP
Business Intelligence
BA&T SAP BusinessObjects BI Suite (user)
BA&T SAP BusinessObjects BI Suite (Concurrent
Session license (“CS”))
BA&T SAP BusinessObjects Business Intelligence
Platform (user)
Platform (CS)
Platform Mobile add-on (user)
Platform Mobile add-on (CS)
Use Rights that do not require a Named User license
Access platform services; customize, personalize dashboards, BI
widgets, and user profiles; view (i.e., refresh, schedule, export, zoom,
sort, search, filter, drill, apply basic formatting) against predefined
reports; access semantic data via BI SDK
reports; access semantic data via BI SDK
Access platform services and view environment; access semantic
data via BI SDK
Access platform services and view environment; access semantic
data via BI SDK
View (i.e., refresh and interact) Mobile-enabled content
View (i.e., refresh and interact) Mobile-enabled content
BA&T SAP Crystal Reports (user)
View (i.e., refresh and schedule) reports
BA&T SAP Crystal Reports (CS)
View (i.e., refresh and schedule) reports
BA&T SAP BusinessObjects Web Intelligence (user)
View (i.e., refresh, schedule, export, zoom, sort, search, filter, drill,
apply basic formatting) a predefined report
BA&T SAP BusinessObjects Web Intelligence (CS)
BA&T SAP BusinessObjects Analysis edition for OLAP
(user)
BA&T SAP BusinessObjects Analysis edition for OLAP
(CS)
BA&T SAP BusinessObjects Analysis edition for Office
(user)
BA&T SAP BusinessObjects Analysis edition for Office
(CS)
View (i.e., refresh, schedule, export, zoom, sort, search, filter, drill,
apply basic formatting) a predefined report
Open workbooks to view and refresh existing content. Add or remove
dimensions and members from existing queries and elements, slice
and dice, add sub-analyses.
Open workbooks to view and refresh existing content. Add or remove
dimensions and members from existing queries and elements, slice
and dice, add sub-analyses.
Open workbooks, refresh and call macros in the workbook that use
the Analysis Office API. Add or remove dimensions and members
from existing queries and elements, slice and dice.
Open documents, refresh call macros in the workbook that use the
Analysis Office API. Add or remove dimensions and members from
existing queries and elements, slice and dice.
BA&T SAP BusinessObjects Dashboard (user)
View (i.e., refresh and interact) dashboard models
BA&T SAP BusinessObjects Dashboard (CS)
View (i.e., refresh and interact) dashboard models
BA&T SAP BusinessObjects Explorer (user)
View (i.e., search, view and navigate) data sets
BA&T SAP BusinessObjects Explorer (CS)
BA&T SAP BusinessObjects Explorer accelerated
package (user)
BA&T SAP BusinessObjects Explorer accelerated
package (CS)
SAP Confidential
14
BA&T SAP BusinessObjects Integration, version for
ESRI GIS software by APOS (CS)
BA&T SAP BusinessObjects Integration, version for
ESRI GIS software by APOS (User)
SAP Lumira
View data from business applications in a report, analysis or
dashboard (indirect access)
View data from business applications in a report, analysis or
dashboard (indirect access)
Not applicable
BA&T SAP BusinessObjects Business Intelligence,
version for SAP Applications
reports
Enterprise Information Management
BA&T SAP Data Services
View and drill down on information, read-only access to the
application.
BA&T SAP Information Steward
View and drill down on reports, read-only access to the application.
BA&T SAP Information Steward Multi-Source
Integrators by MITI Add-on
BA&T SAP Event Insight
BA&T SAP Data Federator
BA&T SAP Data Integrator (DI)
BA&T SAP Data Quality Management (DQM)
BA&T SAP DQM, version for SAP Solutions
BA&T SAP Data Quality Management SDK
GRC
BA&T SAP Access Control
BA&T SAP Process Control
BA&T SAP Risk Management
Managers, executives and auditors who receive alerts, access reports
and dashboards. End users who submit access requests or selfservices. Access request approvers, certification reviews and
remediation actions.
Evaluations, assessments, and surveys including control tests,
process evaluations, policy acknowledgements, and issue
identification and remediation. Control changes at the local level. View
and drill down on reports, read-only access to the application
Evaluations, assessments, and surveys including risk analysis, risk
identification, risk monitoring, policy/survey acknowledgements,
capture of losses, and risk responses. Risk changes at the local level.
View and drill down on reports, read-only access to the application
BA&T SAP GTS, Export
BA&T SAP GTS, Import
BA&T SAP GTS, Restitution
BA&T SAP GTS, Trade Preferences
BA&T SAP GTS, Bundle
BA&T SAP Goods Movement with EMCS
BA&T SAP GTS, Sanction Party List Service
BA&T SAP Electronic Customs Processing for AES
(Automated Export System)
BA&T SAP Electronic Invoicing for Brazil (NFE Inbound)
BA&T SAP Electronic Invoicing for Brazil (NFE Outbound)
BA&T SAP Sustainability Performance Management
other than users involved in the data-gathering process who respond
to approval requests, enter sustainability-related data manually, and
respond to surveys/workflows received. Maps to pre-configured roles
of approver, business contributor and analyst
EPM
SAP Confidential
15
BA&T SAP Planning & Consolidation, version for the
Microsoft Platform (BPC)
BA&T SAP Planning & Consolidation, version for SAP
NetWeaver (BPC)
BA&T SAP Planning, version for the Microsoft Platform
BA&T SAP Planning, version for SAP NetWeaver
BA&T SAP Consolidation, version for the Microsoft
Platform
BA&T SAP Planning & Consolidation, SAP NetWeaver
Platform Access Component
BA&T SAP Planning & Consolidation, Microsoft
Platform Access Component
Not Applicable
Not Applicable
BA&T SAP Strategy Management
BA&T SAP Spend Performance Management
BA&T SAP Financial Information Management (FIM)
BA&T SAP Intercompany
BA&T SAP Financial Consolidation
BA&T SAP Profitability and Cost Management
BA&T SAP Supply Chain Performance Management
(SCPM)
BA&T SAP Disclosure Management
BA&T SAP Notes Management
Mid Market solutions for Business Intelligence
BA&T SAP BusinessObjects BI Edge edition (user)
BA&T SAP BusinessObjects BI Edge edition with data
integration (user)
management (user)
BA&T SAP BusinessObjects BI Edge edition (CS)
integration (CS)
management (CS)
BA&T SAP BusinessObjects BI Edge edition NUL addon
integration NUL add-on
management NUL add-on
BA&T SAP BusinessObjects BI Edge editionPublishing
Add-On
View (i.e. refresh, schedule, export, zoom,
apply basic formatting) against a predefined
data via BI SDK.
View (i.e. refresh, schedule, export, zoom,
data via BI SDK.
View (i.e., refresh, schedule, export, zoom,
data via BI SDK.
data via BI SDK.
data via BI SDK.
data via BI SDK.
data via BI SDK.
data via BI SDK.
data via BI SDK.
data via BI SDK.
sort, search, filter, drill,
report; access semantic
Bundles based on SBOP
SAP Treasury and Financial Risk Management,
treasury operations
View and drill down on reports, read-only access to BA&T SAP GTS,
Sanction Party List Service.
SAP Confidential
16
SAP Enterprise Risk and Compliance Management,
risk management
SAP Financial Planning and Analysis, planning and
analysis
For BA&T SAP Process Control: Evaluations, assessments, and
surveys including risk analysis, risk identification, risk monitoring,
policy/survey acknowledgements, capture of losses, and risk
responses. Risk and changes at the local level. View and drill down on
reports, read-only access to the application
For BA&T SAP Risk Management: Evaluations, assessments, and
surveys including control tests, process evaluations, policy
acknowledgements, and issue identification and remediation. Control
changes at the local level. View and drill down on reports, read-only
access to the application
For BA&T SAP BusinessObjects Business Intelligence, version for
SAP Applications: Access platform services; customize, personalize
dashboards, BI widgets, and user profiles; view (i.e., refresh,
schedule, export, zoom, sort, search, filter, drill, apply basic
formatting) against predefined reports.
View and drill down on reports, read-only access to BA&T SAP
Business Planning & Cons, vers f SAP NetWeaver; for business
planning operations only, BA&T SAP Strategy Management; BA&T
SAP Profitability and Cost Management (PCM)
Financial Consolidation; BA&T SAP Notes Management; BA&T SAP
Disclosure Management; BA&T SAP Intercompany
SAP Accounting and Financial Close, corporate close
& disclosure, fin. cons. Vers.
formatting) against predefined reports
Consolidation, version for SAP NetWeaver; BA&T SAP Notes
Management; BA&T SAP Disclosure Management; BA&T SAP
Intercompany
SAP Accounting and Financial Close, corporate close
& disclosure, BPC version
formatting) against predefined reports
SAP Confidential
17
Exhibit 2 - Named User Metrics and Package Metrics
SAP APPLICATIONS
SAP Application Developer User is a Named User authorized to access the development tools provided with the licensed Software for the purpose of
making Modifications and/or Add-ons to the licensed Software and also includes the rights granted under the SAP NetWeaver Developer User and SAP
Application Employee User.
SAP Application Business Expert User is a Named User authorized to perform all roles supported by SBOP (excluding the right to make Modifications
and/or Add-ons to SBOP) and also includes the rights granted under the SAP Application Professional User.
SAP Application Professional User is a Named User authorized to perform operational related and system administration / management roles
supported by the licensed Software (excluding SBOP) and also includes the rights granted under the SAP Application Limited Professional User.
SAP Application Limited Professional User is a Named User authorized to perform limited operational roles supported by the licensed Software
(excluding SBOP) and also includes the rights granted under the SAP Application BI (Business Information) User. The Software Agremeent has to
define in detail the limited use rights being performed by such Limited Professional User.
SAP Application BI (Business Information) User is a Named User authorized to use (excluding the right to modify and/or customize) standard and
interactive reports delivered with licensed Legacy SBOP, and reports created through use of licensed Legacy SBOP by appropriately licensed Named
Users, solely for such individual's own purposes and not for or on behalf of other individuals. Each SAP Application BI User also includes the rights
granted under the SAP Application Employee User.
SAP Application Employee User is a Named User authorized to perform the following roles supported by the licensed Software (excluding SBOP), all
solely for such individual’s own purpose and not for or on behalf of other individuals: (i) use (excluding the right to modify and/or customize) standard
and interactive reports delivered with the licensed Software, (ii) travel planning / expense reporting self services, (iii) perform procurement self services,
and (iv) room reservation self-services. Each SAP Application Employee User also includes the rights granted under the SAP E-Recruiting User, SAP
Learning User and the SAP Application Employee Self-Service User.
SAP Application Employee Self-Service User is a Named User authorized to perform the HR self-services role of employee time and attendance
entry supported by the licensed Software (excluding SBOP), all solely for such individual’s own purpose and not for or on behalf of other individuals.
Each SAP Application ESS User also includes the rights granted under the SAP Application Employee Self-Service Core User and the SAP Human
Capital Performance Management User.
SAP Application Employee Self-Service Core User is a Named User authorized to perform the following HR self-services roles supported by the
licensed Software (excluding SBOP), all solely for such individual’s own purpose and not for or on behalf of other individuals: (i) employee records
maintenance, (ii) employee directory, (iii) benefits and payment and (iv) leave management. Further, an Employee Self-Service Core User is also
authorized to access “Non-SAP Content” that resides on Licensee’s “SAP Portal”, so long as accessing such Non-SAP Content does not require or
result in any use of the licensed Software (beyond access to such Non-SAP Content as it resides on Licensee’s SAP Portal). As used in this ESS Core
User definition, (i) “Non-SAP Content” means information created through no use of the licensed Software and (ii) “SAP Portal” means any portal created
by Licensee Using SAP Enterprise Portal Software (as provided with the licensed SAP NetWeaver Software) which provides appropriately licensed
Named Users a common access point by which to use licensed SAP Software.
SAP Application Business Expert Upgrade User is a Named User authorized to perform all roles supported by SBOP (excluding the right to make
Modifications and/or Add-ons to SBOP) provided such Named User is also an individual licensed from SAP as an SAP Application Professional User
and both such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement, Licensee must be
subscribed to and fully paid on support for both this User and the underlying SAP Application Professional User for so long as Licensee continues to
receive support under the Software Agreement.
SAP Application Business Analytics Professional User is a Named User authorized to perform all roles supported by SBOP (excluding the right to
make Modifications and/or Add-ons to SBOP) and includes the rights granted under the SAP Application BI Limited User. For purposes of clarification,
an SAP Application Business Analytics Professional User may extract data from any data source into SBOP and/or push data out of SBOP into any data
source provided Licensee has secured an appropriate license for all such data source(s) (albeit an additional SAP Named User license will not be
required solely for the one-way extraction of data into SBOP where the data source is non-SBOP Software and/or third party software licensed from
SAP).
SAP Application Business Analytics Professional Upgrade User is a Named User authorized to perform all roles supported by SBOP (excluding the
right to make Modifications and/or Add-ons to SBOP) provided such Named User is also an individual licensed from SAP as an SAP Application BI
Limited User and both such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement, Licensee must
be subscribed to and fully paid on support for both this User and the underlying SAP Application BI Limited User for so long as Licensee continues to
receive support under the Software Agreement. For purposes of clarification, an SAP Application Business Analytics Professional Upgrade User may
extract data from any data source into SBOP and/or push data out of SBOP into any data source provided Licensee has secured an appropriate license
for all such data source(s) and such use is otherwise in accord with the terms of the Software Agreement (albeit an additional SAP Named User license
will not be required solely for the one-way extraction of data into SBOP where the data source is non-SBOP Software and/or Third Party Software
licensed from SAP).
SAP Application BI Limited User is a Named User who is solely authorized to use one (1) of the following SBOP components, subject to each SBOP
component being licensed: (i) Mobile Designer, (ii) Crystal Reports Designer, (iii) WEB Intelligence Designer, (iv) Explorer Designer, (v) Dashboard
Designer, (vi) SAP BusinessObjects Analysis software edition for OLAP, or (vii) SAP BusinessObjects Analysis software edition for Microsoft Office. For
purposes of clarification, an SAP Application BI Limited User may extract data from any data Source into one (1) of the stated SBOP components (where
licensed) and/or push data out of one (1) of the stated SBOP components (where licensed) into any data source provided Licensee has secured an
appropriate license for all such data source(s) (albeit an additional SAP Named User license will not be required solely for the one-way extraction of data
into one (1) of the stated SBOP components where the data source is non-SBOP Software and/or Third Party Software licensed from SAP).
SAP Confidential
18
SAP Application Standalone Business Analytics Professional User is a Named User authorized to perform all roles supported by SBOP (excluding
the right to make Modifications and/or Add-ons to SBOP) licensed for Standalone use and also includes the rights granted under the SAP Application
Standalone BI Limited User.
SAP Application Standalone BI Limited User is a Named User who is solely authorized to use one (1) of the following SBOP components, subject to
each SBOP component being licensed for Standalone Use: (i) Mobile Designer, (ii) Crystal Reports Designer, (iii) WEB Intelligence Designer, (iv)
Explorer Designer, (v) Dashboard Designer, (vi) SAP BusinessObjects Analysis software edition for OLAP, or (vii) SAP BusinessObjects Analysis
software edition for Microsoft Office. The SAP Application Standalone BI Limited User also includes the rights granted under the SAP Application BI
Viewer User.
SAP Application BI Viewer User is a Named User authorized to use (excluding the right to modify and/or customize) standard and interactive reports
delivered with licensed Legacy SBOP, and reports created through use of licensed Legacy SBOP by appropriately licensed Named Users, solely for
such individual's own purposes and not for or on behalf of other individuals.
SPECIAL USERS
SAP Learning User is a Named User who is authorized to access solely the following learning solutions on SAP's price list, provided that those learning
solutions are licensed. A SAP Learning User is not entitled to access other SAP solutions or solution components. The applicable learning solutions
offered by SAP comprise the following:
7002075 SAP Learning Solution
7003485 SAP Enterprise Learning Environment
7011740 SAP Workforce Performance Builder Producer
7011741 SAP Workforce Performance Builder Manager
7011742 SAP Workforce Performance Builder Navigator
7011743 SAP Workforce Performance Builder Desktop Edition
7011744 SAP Workforce Performance Builder Enterprise Edition
7009559 SAP Acrobat Connect Professional Learning by Adobe7009558 SAP Acrobat Connect Professional Meeting by Adobe
7009560 SAP Productivity Pak by ANCILE - excl. North America
7009561 SAP Productivity Pak Help Launch Pad by ANCILE - excl. North America
7009562 SAP Productivity Composer by ANCILE - excl. North America
7009563 SAP Productivity Composer Help Launch Pad by ANCILE - excl. North America
7009639 SAP Productivity Pak by ANCILE - North America only
7009640 SAP Productivity Pak Help Launch Pad by ANCILE - North America only
7009641 SAP Productivity Composer by ANCILE - North America only
7009642 SAP Productivity Composer Help Launch Pad by ANCILE - North America only
SAP E-Recruiting User is a Named User authorized to access the E-Recruiting engine only. E-Recruiting Users are not entitled to access other SAP
solutions or solution components.
SAP Human Capital Performance Management User is a Named User authorized to access the licensed Software (excluding SBOP), all solely for
such individual’s own purpose and not for or on behalf of other individuals to maintain: (i) employee appraisals, (ii) talent and skill profiles, and (iii) profile
match up.
SAP Manager Self-Service User is a Named User authorized to perform one or more of the following manager self-services roles directly related to the
employees and business unit/department the managers are responsible for, and supported by the licensed Software (excluding SBOP): (i) request
administrative changes using processes and forms contained within Human Capital Management, (ii) create requisition requests and candidate
assessments, (iii) perform talent assessments and appraisals, (iv) plan and approve compensation, (v) obtain an budget overviews, (vi) organize project
management tasks, (vii) perform planning tasks, (viii) approve travel requests and expenses, and (ix) perform workflow tasks. SAP Manager Self-Service
User also includes the rights granted under the SAP Application Employee User.
SAP Banking User is a Named User solely authorized to access the specified industry packages for banks. Banking Users are not entitled to access
other SAP solutions or solution components.
SAP Retail Store User is a Named User working in Licensee’s retail store as an associate who is solely authorized to perform non-managerial retail
store / point-of-sale related roles supported by the licensed Software (excluding SBOP) and also includes the rights granted under the SAP Application
Employee User.
SAP Logistics User is a Named User solely authorized to perform following tasks for the applicable licensed Software (excluding SBOP):
Transportation Management: Looking up a freight contract, tracking a certain shipment and similar activities, update master data (rates, lanes,
locations), Transportation request entry, transportation planning on, responding to RFP (request for proposal) for tendering viewing and
confirmation of events, charge calculation verification and similar activities.
Warehousing: Confirm goods receipts and putaway, deconsolidation at goods receipt, picking at pick points, stock movements including
replenishment, production staging and enter physical inventory counts, packing, or confirming VAS (value added services) and perform
SAP Confidential
19
scheduling activities for dock door appointments. This is valid for employees that are working with radio frequency mobile devices as well as
for employees that are executing operational activities similar to those stated above.
Track and Trace: Viewing a serialized and/or any tracked object on ad hoc basis, such as querying its current or past location or ascertaining
product genealogy. User accessing product traceability solutions on an ad hoc basis to report goods movement or view traceability reports.
Viewing the status of defined supply chain events, expected or unexpected, e.g. delayed shipment of a sales order, change to a purchase
order confirmation. Perform confirmation or change to supply chain events, e.g. update a change to a production order date or quantity.
For Licensee employees, the SAP Logistics User also includes the rights granted under the SAP Application Employee User.
SAP Shop Floor User is a Named User working in Licensee’s production facilities who is solely authorized to perform one or more of the following roles
supported by the licensed Software(excluding SBOP): (i) display work instructions, and document activities and operations, (ii) confirm goods receipts,
goods issues and stock movements, (iii) enter production order confirmations, (iv) record product or production information, e.g. quality inspection results
or plant/process/equipment data, (v) enter production issues and related service requests, (vi) submit purchase requisitions for tools, spare parts for
production equipment, etc. and (vii) reporting or dashboarding related to items (i)-( vi). SAP Shop Floor also includes the rights granted under the SAP
Application Employee User and SAP Application Visualization User.
SAP Maintenance Worker User is a Named User who is a maintenance worker solely authorized to perform one or more of the following roles
supported by the licensed Software (excluding SBOP): (i) confirm maintenance notifications, (ii) enter time confirmations, goods issues, stock
movements and completion confirmations into maintenance work orders, (iii) enter service requests and service request entry sheets, and (iv) any
maintenance activities related to items (i) – (iii). SAP Maintenance Worker User also includes the rights granted under the SAP Application Employee
User and SAP Application Visualization User.
SAP Engineering User is a Named User that is authorized to solely perform the following activities on data and objects accessed and made available
through the licensed SAP Collaborative Product Development Package, collaboration Folders, or SAP Portfolio and Project Management application,
excluding in all cases access to any data or objects by or through SBOP portfolio products:
(i) Display, Redline, 3D Viewing
(ii) Request, Approve, Reject, Confirm
(iii) Change
SAP Engineering User also includes the rights granted under the SAP Application Visualization User. In the case of individuals who are employees of
Licensee, the SAP Engineering User also includes the rights granted under the SAP Application Employee User.
SAP Procurement Self-Service and Collaborator User is a Named User who is authorized to perform the following self-service roles supported by the
licensed Software (excluding SBOP), all solely for such individual’s own purpose and not for or on behalf of other individuals to: (i) create shopping carts
or requisitions, check, receive or collaborate on items in a requisition, (ii) request sourcing or contracting support, review and/or approve items, for
sourcing or contracting other than as a personnel manager, participate in request for quotation / request for proposal and auction scoring, provide
supplier feedback, view reports or search system content, and (iii) upload compliance information or recipe component information. Each SAP
Procurement Self-Service User also includes the rights granted under the SAP Application ESS User.
SAP Partner Channel User is a Named User who is an employee of Business Partners who is solely authorized to perform one or more of the following
channel management functionalities contained within the licensed Software CRM (excluding SBOP): (i) Channel Marketing, (ii) Channel Sales, (iii)
Partner Order Management, (iv) Channel Service, (v) Partner & Channel Analytics, and (vi) Partner Management.
SAP Solution Extension Limited User is a Named User solely authorized to use one (1) Third Party Solution licensed by SAP. SAP Solution Extension
Limited Users are not entitled to access other SAP solutions, solution components, or data stored in such solutions. SAP Solution Extension Limited
User can only be licensed to access the following product: SAP extended ECM by Open Text, SAP Digital Asset Management by Open Text and SAP
Intelligence Analysis for Public Sector by Palantir and SAP Application Visualization by iRise (including the add-on for Supplier Relationship
Management, add-on for general SAP solutions).
SAP CRM User is a Named User only authorized to Use (excluding the right to make Modifications and/or Add-ons) CRM Software licensed under the
Software Agreement (if any, the “Licensed CRM Software”). An SAP CRM User may extract data from any data source into any Licensed CRM Software
and/or push data out of any Licensed CRM Software into any data source provided Licensee has secured an appropriate license for all such data
source(s) and such Use is otherwise in accord with the terms of the Software Agreement. An additional SAP Named User License will not be required
solely for the one-way extraction of data into Licensed CRM Software where the data source is Software (other than Licensed CRM Software) and/or
third party software licensed under the Software Agreement.
SAP CRM Rapid Deployment Edition User is a Named User solely authorized to (i) access the SAP CRM Rapid Deployment Edition and (ii) perform
SAP ERP order-status checks through SAP CRM. Access to other SAP software requires a SAP Application Business Expert User, a SAP Application
Professional User or a SAP Application Limited Professional User license. The rights granted to a SAP CRM Rapid Deployment Edition User are
included in the existing SAP Application Business Expert User, SAP Application Professional User and SAP Application Limited Professional User. The
SAP CRM Rapid Deployment Edition User also includes the rights granted under the SAP Application Employee User.
SAP Application Visualization User is a Named User who is solely authorized to Use (i) Visual Enterprise Generator, (ii) Visual Enterprise View
Edition Generator, (iii) Visual Enterprise Generator .JT extension, (iv) Visual Enterprise Navigation & Analytics, (v) Visual Enterprise Manufacturing, and
(vi) Visual Enterprise Service and Maintenance, (vii) Visual Enterprise Author, and (viii) Visual Enterprise ECAD Extension, subject to each Visual
Enterprise component being licensed. An SAP Application Visualization User may not Use (including, without limitation, access any data stored in) any
other Software or third party software licensed under this Agreement.
SAP Application Standalone Visualization User is a Named User who is solely authorized to Use (i) Visual Enterprise Generator, (ii) Visual Enterprise
View Edition Generator, (iii) Visual Enterprise Generator .JT extension, (iv) Visual Enterprise Navigation & Analytics, (v) Visual Enterprise Manufacturing,
and (vi) Visual Enterprise Service and Maintenance, (vii) Visual Enterprise Author, and (viii) Visual Enterprise ECAD Extension, subject to each Visual
Enterprise component being licensed for Standalone Use. An SAP Application Standalone Visualization User may not Use (including, without limitation,
access any data stored in) any other Software or third party software licensed under this Agreement.
SAP Confidential
20
SAP Clinical System User is a Named User solely authorized to access a clinical system. For the purpose of this definition a “clinical system” is defined
as an IT application that supports the clinical process in a healthcare organization, where the clinical process is the process in which a patient interacts
with doctors, nursing and technical personnel to be subjected to visits, diagnostic studies and/or therapeutic measures, that have the purpose of
improving or maintaining the patient’s health. A user of this type is required when a clinical system accesses functionalities that reside either in SAP
Patient Management, in SAP Ambulatory Care Management or in SAP ERP. Clinical System Users are not entitled to access any other SAP solution or
solution component, in particular they are not authorized to access directly SAP Patient Management.
SAP Health Care User is a Named User working in Licensee’s organization’s hospital wards or outpatient clinics as an associate who is solely
authorized to perform patient care related roles supported by the licensed software and is solely authorized to access the following industry packages for
Health Care: SAP Patient Management, SAP Ambulatory Care Management and SAP Supplier Relationship Management & Logistics for Health Care,
provided this industry packages are licensed, and third party or in-house developed hospital information systems. For the purpose of this definition a
hospital information system is defined as an IT application that supports the patient administrative process in a healthcare organization, where the
patient administrative process is the process in which patients interact with personnel of the healthcare organization in order to plan, execute or pay for
the treatment they need. A user of this type is required when a hospital information system accesses functionalities that reside either in SAP Patient
Management, in SAP Ambulatory Care Management or in SAP ERP. Within the SAP Patient Management industry package the SAP Health Care User
is authorized to access all functionalities with the exception of the billing component.. The SAP Health Care user also includes the rights granted under
the SAP Clinical System User and the SAP Application Employee Self-Service User. Health Care Users are not entitled to access any other SAP
solution or solution component, in particular they are not authorized to access directly SAP ERP and SAP BW functionalities.
Siemens i.s.h.med User is a named user who solely has access to Siemens i.s.h.med functionality and is given access to Siemens i.s.h.med through
appropriate authorizations. Siemens i.s.h.med users are not entitled to access any other SAP solution or solution component, in particular they are not
authorized to access any functionality of the SAP Patient Management industry package.
SAP hybris cockpit user is a Named User authorized to perform all roles in the SAP hybris Software. An SAP hybris cockpit user may extract data from
any data source (including SAP Software or third party software) into any licensed hybris Software and/or push data out of any licensed SAP hybris
Software into any data source (including SAP Software or third party software), provided Licensee has secured an appropriate license for all such data
source(s).
SAP PLATFORM USER
SAP Platform Advanced User is a Named User who is authorized to use licensed Software solely through a separate application: A) that (i) adds any
new, independent functional components for business processes not contained by the SAP Software, (ii) is developed using a licensed SAP technology,
and (iii) connects to and/or communicates through published SAP application program interfaces; and B) which shall in no case (i) enable the bypassing
or circumventing of any of the restrictions set forth in the Software Agreement, (ii) provide Licensee with access to any Software to which Licensee is not
licensed, and/or (iii) permit mass data or metadata extraction from SAP Software to non-SAP software for the purpose of creating a new system of
record for that data or metadata. The SAP Platform Advanced User also includes the rights granted under the SAP Platform Standard User and SAP
Platform Extended User.
SAP Platform Extended User is a Named User who is authorized to use licensed Software solely through, and to the extent enabled by, one or more
applications that (i) have been certified by SAP’s Integration and Certification Center as a platform user compliant solution (“PULCS”) for SAP Platform
Extended Users (a list of then current PULCS applications certified for SAP Platform Extended Users can be found at
“https://store.sap.com/sap/cpa/ui/resources/store/html/SolutionDetails.html?&pid=0000004040” (including any successor site(s) as made known by SAP
from time to time, the “PULCS Site”)) and (ii) Licensee has first secured all appropriate rights to use such PULCS application(s) from the applicable
licensor(s) (i.e. no Software and/or third party software licensed from SAP AG, any SAP AG distributor(s), or any authorized resellers of SAP AG or its
distributor(s), shall be considered a PULCS application for purposes of this Named User type, even if such applications are reflected on the PULCS
Site). The SAP Platform Extended User includes an application-specific run-time license of SAP NetWeaver for the licensed SAP Applications as well as
for the non-SAP application.
SAP Platform Standard User is a Named User who is authorized to use licensed Software solely through, and to the extent enabled by, one or more
applications that (i) have been certified by SAP’s Integration and Certification Center as a platform user compliant solution (“PULCS”) for SAP Platform
Standard Users (a list of then current PULCS applications certified for SAP Platform Standard Users can be found at
“https://store.sap.com/sap/cpa/uhttps://store.sap.com/sap/cpa/ui/resources/store/html/SolutionDetails.html?&pid=0000004040i/resources/store/html/Solu
tionDetails.html?&pid=0000004040” (including any successor site(s) as made known by SAP from time to time, the “PULCS Site”)) and (ii) Licensee has
first secured all appropriate rights to use such PULCS application(s) from the applicable licensor(s) (i.e. no Software and/or third party software licensed
from SAP AG, any SAP AG distributor(s), or any authorized resellers of SAP AG or its distributor(s), shall be considered a PULCS application for
purposes of this Named User type, even if such application(s) are reflected on the PULCS Site). The SAP Platform Standard User includes an
application-specific run-time license of SAP NetWeaver for the licensed SAP Applications as well as for the non-SAP application.
SAP NETWEAVER USER
SAP NetWeaver Developer User is a Named User who is authorized (only where the SAP NetWeaver Foundation for Third Party Applications Software
is licensed) to access the development tools provided with such Software for the purpose of developing and modifying applications (i) that are not
licensed from SAP AG, any SAP AG distributor(s), or any authorized resellers of SAP AG or its distributor(s) and (ii) for which Licensee has first secured
all appropriate rights from any applicable licensor(s). The SAP NetWeaver Developer User also includes the rights granted under the SAP NetWeaver
Administration User.
SAP NetWeaver Administrator User is a Named User who is authorized (only where the SAP NetWeaver Foundation for Third Party Applications
Software is licensed) to access the development tools provided with such Software for the purpose of administering and managing applications (i) that
are not licensed from SAP AG, any SAP AG distributor(s), or any authorized resellers of SAP AG or its distributor(s) and (ii) for which Licensee has first
secured all appropriate rights from any applicable licensor(s).
SAP Confidential
21
SAP NetWeaver Gateway User is a Named User who is authorized to Use licensed Software solely via SAP NetWeaver Gateway.
SAP NetWeaver Gateway User for Productivity Apps is a Named User who is authorized to Use licensed Software solely through (i) one or more
Productivity App(s) via SAP NetWeaver Gateway or (ii) Duet Enterprise. As used in this section, Productivity Apps shall mean (1) any SAP Mobile
Applications, as set forth on http://www54.sap.com/pc/tech/mobile/software/solutions/platform/contracts-app-list.html and where licensed by Licensee
under the Software Agreement on a per user basis, or (2) any Licensee owned/licensed mobile applications, provided such apps: (a) are only used by an
individual to support one or more of the following self service functions on behalf of himself or herself (predefined reports, travel planning, expense
reporting, procurement, room reservation, employee time, employee attendance, employee records maintenance, employee directory, employee
benefits, employee appraisals, employee talent and skills profiles) (the “Self Service Functions”); and (b) any interfacing of such apps with the Software
and/or third party software licensed under the Software Agreement is limited to the extent necessary to support the Self Service Functions.
SAP BUSINESS SUITE AND INDIVIDUAL SOLUTION USERS
SAP Business Suite/ individual SAP solution Developer User is a Named User authorized to access the development tools provided with the
licensed Software for the purpose of making Modifications and/or Add-ons to the licensed Software and also includes the rights granted under the SAP
NetWeaver Developer User and SAP Business Suite Employee User.
SAP Business Suite / individual SAP solution Business Expert User is a Named User authorized to perform all roles supported by SBOP (excluding
the right to make Modifications and/or Add-ons to SBOP) and also includes the rights granted under the SAP Business Suite Professional User
SAP Business Suite / individual SAP solution Professional User is a Named User authorized to perform operational related and system
administration / management roles supported by the licensed Software (excluding SBOP) and also includes the rights granted under the SAP Business
Suite/ individual SAP solution Limited Professional User.
SAP Business Suite / individual SAP solution Limited Professional User is a Named User authorized to perform limited operational roles supported
by the licensed Software (excluding SBOP) and also includes the rights granted under the SAP Business Suite/ individual SAP solution Business
Information User. The Software Agreement has to define in detail the limited use rights being performed by such Limited Professional User.
SAP Business Suite / individual SAP solution Business Information User is a Named User authorized to use (excluding the right to modify and/or
customize) standard and interactive reports delivered with the licensed Legacy SBOP Software, and reports created through use of the licensed Legacy
SBOP Software by appropriately licensed Named Users, solely for such individual's own purposes and not for or on behalf of other individuals. Each
SAP Business Suite Business Information User also includes the rights granted under the SAP Business Suite Employee User.
SAP Business Suite / individual SAP solution Employee User is a Named User authorized to perform the following roles supported by the licensed
Software (excluding SBOP), all solely for such individual’s own purpose and not for or on behalf of other individuals: (i) use (excluding the right to modify
and/or customize) standard and interactive reports delivered with the licensed Software, (ii) travel planning / expense reporting self services, (iii) perform
desktop procurement self services, and (iv) room reservation self-services. Each SAP Business Suite Employee User also includes the rights granted
under the SAP E-Recruiting User, SAP Learning User and the SAP Business Suite ESS User
SAP Business Suite / individual SAP solution Employee Self-Service User is a Named User authorized to perform the Human Resource selfservices role of employee time and attendance entry supported by the licensed Software (excluding SBOP), all solely for such individual’s own purpose
and not for or on behalf of other individuals. Each SAP Business Suite ESS User also includes the rights granted under the SAP Business Suite
Employee Self-Service Core User and the SAP Human Capital Performance Management User.
SAP Business Suite / individual SAP solution Employee Self-Service Core User is a Named User authorized to perform the following HR selfservices roles supported by the licensed Legacy SBOP Software (excluding SBOP), all solely for such individual’s own purpose and not for or on behalf
of other individuals: (i) employee records maintenance, (ii) employee directory, (iii) benefits and payment, and (iv) leave Management. Further, an ESS
Core User is also authorized to access “Non-SAP Content” that resides on Licensee’s “SAP Portal”, so long as accessing such Non-SAP Content does
not require or result in any use of the licensed Software (beyond access to such Non-SAP Content as it resides on Licensee’s SAP Portal). As used in
this ESS Core User definition, (i) “Non-SAP Content” means information created through no use of the licensed Software and (ii) “SAP Portal” means
any portal created by Licensee Using SAP Enterprise Portal Software (as provided with the licensed SAP NetWeaver Software) which provides
appropriately licensed Named Users a common access point by which to use licensed SAP Software.
SAP Business Suite Business Expert Upgrade User is a Named User authorized to perform all roles supported by SBOP (excluding the right to make
Modifications and/or Add-ons to SBOP) provided such Named User is also an individual licensed from SAP as a SAP Business Suite Professional User
and both such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement, Licensee must be
subscribed to and fully paid on support for both this User and the underlying SAP Business Suite Professional User for so long as Licensee continues to
receive support under the Software Agreement.
SAP Business Suite B2B Sales User is a Named User who is an employee of Business Partners who is solely authorized to perform one or more of
the following order management related roles supported by the licensed Software: (i) check product availability, (ii) configure an order, (iii) place an
order, (iv) check order status, and (v) order management activities related to items (i) – (iv).
SAP ERP Business Expert Upgrade User is a Named User authorized to perform all roles supported by SBOP (excluding the right to make
Modifications and/or Add-ons to SBOP) provided such Named User is also an individual licensed from SAP as an SAP ERP Professional User and both
such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement, Licensee must be subscribed to and
fully paid on support for both this User and the underlying SAP ERP Professional User for so long as Licensee continues to receive support under the
Software Agreement.
SAP Application Professional Upgrade User is a Named User authorized to perform operational related and system administration / management
roles supported by the licensed Software (excluding SBOP) provided such Named User is also an individual licensed from SAP as an SAP Application
Limited Professional User and both such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement,
Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP Application Limited Professional User for so long as
Licensee continues to receive support under the Software Agreement.
SAP Confidential
22
SAP Application Limited Professional Upgrade User is a Named User authorized to perform limited operational roles supported by the licensed
Software (excluding SBOP) provided such Named User is also an individual licensed from SAP as an SAP Application Business Information User and
both such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement, Licensee must be subscribed to
and fully paid on support for both this User and the underlying SAP Application Business Information User for so long as Licensee continues to receive
support under the Software Agreement.
SAP Application Business Information Upgrade User is a Named User authorized to use (excluding the right to modify and/or customize) standard
and interactive reports delivered with the licensed Legacy SBOP, and reports created through use of the licensed Legacy SBOP by appropriately
licensed Named Users, solely for such individual's own purposes and not for or on behalf of other individuals provided such Named User is also an
individual licensed from SAP as an SAP Application Employee User and both such Users are licensed for the same runtime database, if any. If receiving
support under the Software Agreement, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP Application
Employee User for so long as Licensee continues to receive support under the Software Agreement.
SAP Application Employee Upgrade User is a Named User authorized to perform the following roles supported by the licensed Software (excluding
SBOP), all solely for such individual’s own purpose and not for or on behalf of other individuals: (i) Use (excluding the right to modify and/or customize)
standard and interactive reports delivered with the licensed Software, (ii) travel planning / expense reporting self services, (iii) perform procurement self
services, and (iv) room reservation self-services provided such Named User is also an individual licensed from SAP as an SAP Application Employee
Self Service (ESS) User and both such Users are licensed for the same runtime database, if any. Each SAP Application Employee Upgrade User also
includes the rights granted under the SAP E-Recruiting User, SAP Learning User. If receiving support under the Software Agreement, Licensee must be
subscribed to and fully paid on support for both this User and the underlying SAP Application Employee Self Service (ESS) User for so long as Licensee
continues to receive support under the Software Agreement.
SAP Application Standalone Business Analytics Professional Upgrade User is a Named User authorized to perform all roles supported by SBOP
(excluding the right to make Modifications and/or Add-ons to SBOP) licensed for Standalone Use provided such Named User is also an individual
licensed from SAP as an SAP Application Standalone BI Limited User and both such Users are licensed for the same runtime database, if any. If
receiving support under the Software Agreement, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP
Application Standalone BI Limited User for so long as Licensee continues to receive support under the Software Agreement.
SAP Business Suite Professional Upgrade User is a Named User authorized to perform operational related and system administration / management
roles supported by the licensed Software (excluding SBOP) provided such Named User is also an individual licensed from SAP as a SAP Business Suite
Limited Professional User and both such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement,
Licensee must be subscribed to and fully paid on support for both this user and the underlying SAP Business Suite Limited Professional User for so long
as Licensee continues to receive support under the Software Agreement.
SAP Business Suite Limited Professional Upgrade User is a Named User authorized to perform limited operational roles supported by the licensed
Software (excluding SBOP) provided such Named User is also an individual licensed from SAP as a SAP Business Suite Business Information User and
both such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement, Licensee must be subscribed to
and fully paid on support for both this User and the underlying SAP Business Suite Information User for so long as Licensee continues to receive support
under the Software Agreement.
SAP Business Suite Business Information Upgrade User is a Named User authorized to use (excluding the right to modify and/or customize)
standard and interactive reports delivered with the licensed Software, and reports created through use of the licensed Software by appropriately licensed
Named Users, solely for such individual's own purposes and not for or on behalf of other individuals provided such Named User is also an individual
licensed from SAP as a SAP Business Suite Employee User and both such Users are licensed for the same runtime database, if any. If receiving
support under the Software Agreement, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP Business
Suite Employee User for so long as Licensee continues to receive support under the Software Agreement.
SAP Business Suite Employee Upgrade User is a Named User authorized to perform the following roles supported by the licensed Software
(excluding SBOP), all solely for such individual’s own purpose and not for or on behalf of other individuals: (i) use (excluding the right to modify and/or
customize) standard and interactive reports delivered with the licensed Software, (ii) perform talent management self-services (including employee
appraisals, employee development plans, employee training registration, and employee opportunity inquiry and response), (iii) travel planning / expense
reporting self services, (iv) perform procurement self services, and (v) room reservation self-services provided such Named User is also an individual
licensed from SAP as a SAP Business Suite Employee Self Service (ESS) User and both such Users are licensed for the same runtime database, if any.
If receiving support under the Software Agreement, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP
Business Suite Employee Self Service (ESS) User for so long as Licensee continues to receive support under the Software Agreement.
SAP ERP Professional Upgrade User is a Named User authorized to perform operational related and system administration / management roles
supported by the licensed Software (excluding SBOP) provided such Named User is also an individual licensed from SAP as an SAP ERP Limited
Professional User and both such Users are licensed for the same runtime database, if any. If receiving support under the Software Agreement, Licensee
must be subscribed to and fully paid on support for both this User and the underlying SAP ERP Limited Professional User for so long as Licensee
continues to receive support under the Software Agreement.
SAP ERP Limited Professional Upgrade User is a Named User authorized to perform limited operational roles supported by the licensed Software
(excluding SBOP) provided such Named User is also an individual licensed from SAP as an SAP ERP Business Information User and both such Users
are licensed for the same runtime database, if any. If receiving support under the Software Agreement, Licensee must be subscribed to and fully paid on
support for both this User and the underlying SAP ERP Business Information User for so long as Licensee continues to receive support under the
Software Agreement.
SAP ERP Business Information Upgrade User is a Named User authorized to use (excluding the right to modify and/or customize) standard and
interactive reports delivered with the licensed Legacy SBOP, and reports created through use of the licensed Legacy SBOP by appropriately licensed
Named Users, solely for such individual's own purposes and not for or on behalf of other individuals provided such Named User is also an individual
licensed from SAP as an SAP ERP Employee User and both such Users are licensed for the same runtime database, if any. If receiving support under
the Software Agreement, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP ERP Employee User for so
long as Licensee continues to receive support under the Software Agreement.
SAP Confidential
23
SAP ERP Employee Upgrade User is a Named User authorized to perform the following roles supported by the licensed Software (excluding SBOP),
all solely for such individual’s own purpose and not for or on behalf of other individuals: (i) Use (excluding the right to modify and/or customize) standard
and interactive reports delivered with the licensed Software, (ii) perform talent management self-services (including employee appraisals, employee
development plans, employee training registration, and employee opportunity inquiry and response), (iii) travel planning / expense reporting self
services, (iv) perform desktop procurement self services, and (v) room reservation self-services provided such Named User is also an individual licensed
from SAP as an SAP ERP Employee Self Service (ESS) User and both such Users are licensed for the same runtime database, if any. If receiving
support under the Software Agreement, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP ERP
Employee Self Service (ESS) User for so long as Licensee continues to receive support under the Software Agreement.
SMB Professional User on SAP Business Suite is a Named User authorized to access the same functional scope as in 2005. The exact functional
scope can be obtained from the Additional Terms & Conditions Document for SAP Resellers. The license of this user is reserved to already existing
SMB Professional User customers.
REMAINING METRICS
REMAINING METRICS - A
Accounts
20-digit accounts are accounts (i.e. but not limited to checking, savings and trading accounts), consisting of 20 digits.
Accounts are accounts (i.e. checking, savings and trading accounts) and/or transactions (securities transactions as spot plus forward deals and
money marked / foreign exchange transactions). Accounts in the context of the SAP Capital Yield Tax Management (CYT) are accounts (e.g.
checking, savings and trading accounts) that use the CYT component to calculate taxes or identify tax exemptions.
Contract accounts are those accounts in which posting data for contracts or contract items are processed and for which the same
collection/payment agreements apply. Contract accounts are customer sub-ledgers to accumulate open items and payments and per customer
various accounts may be used. Pricing is based on the maximum number of contract accounts in the master file.
Corporate accounts are high value and highly individualized deposits and payment products for the corporate market, often part of hierarchical
account structures / groups. Pricing is typically based on account groups and not on single accounts (e.g. cash pooling). Corporate Accounts can be
included in a master contract and in this case can be managed by a SAP for Banking application or via an external system.
Micro saving accounts are highly standardized deposit services that allow people to store small amounts of money for future use, often without
minimum balance requirements. It cannot be a fixed deposit account.
Private banking / SME accounts are account products with a certain level of individualization on customer. Private Banking / SME Accounts can be
included in a master contract and in this case can be managed by a SAP for Banking application or via an external system.
Retail accounts are standardized deposits products with simple structures and small value for the mass market. Internal accounts are also to be
classified as retail accounts. Retail Accounts can be included in a master contract.
Retail accounts plus retail loans are all retail accounts and retail loans:
Retail accounts are standardized deposits products with simple structures and small value for the mass market. Internal accounts are also to
be classified as retail accounts. Retail Accounts can be included in a master contract.
Retail loans are standardized loan products for the mass market segment of individuals. The product spectrum normally covers loans with
simple structures and small values.
Ads
Classified ads are advertisement versions designed with the SAP ad editor in a one year period.
Application User is a single licensed SAP Mobile Platform User accessing a single Application, where “Application” is a set of related functionality
developed by an SAP Mobile Platform Developer User using SAP Mobile Platform.
Assets
Assets are technical objects defined as pieces of equipment that the customer has identified in their plant, as being critical to their operations that
will be modelled and monitored by the software.
Funded assets are all contracts (leasing, loans etc.) managed by SAP Funding Management which are currently refinanced. In this context, the
effective amount is the sum of all refinancing transactions in status “fixed” or “funded”.
Total assets are current and long-term assets owned by the bank.
Assets under management are the total assets disclosed in the balance sheet, insofar processed by the SAP Software.
Authors
SAP Confidential
24
Authors are persons who can create/edit a visualization using SAP Application Visualization by iRise, the add-on for Supplier Relationship
Management (if applicable), and add-on for general SAP solutions (if applicable).
Auto-ID Sites
Auto-ID sites are physical locations identified by a street address where device(s) are capturing and transmitting data, connected with Auto-ID
Enterprise and\or Auto ID Infrastructure software. Multiple separate physical structures with no common walls and which have the same street
address will be considered separate sites.
REMAINING METRICS - B
Backorders
Backorders are the average number of backorder tasks processed in the backorder cockpit per calendar year.
Barrel of Oil Equivalent per Day (BOEPD)
BOEPD for, oil, oil equivalents and gas for SAP Commodity Sales & Procurement are the maximum number of BOEPD of the sales or
purchasing volume for the following commodities: crude oil, natural gas, natural gas liquids (NGL), ethanol, gasoline, jet fuel / kerosene, heating oil.
Barrel of Oil Equivalent per Day (BOEPD) is a unit of measure used in the oil and gas industry that allows aggregating the produced, scheduled or
sold quantities of hydrocarbons (whether from conventional or unconventional sources). For example, while gas production is generally measured as
a volume per time period such as cubic meter per day, it needs to be converted into its equivalent in barrels of oil in order to determine the total
quantity of oil & gas produced in consistent measurements. The conversion to BOEPD is provided in the table below the BOEPD metric definitions.
BOEPD produced are only the produced hydrocarbons. If pricing cannot be based on BOEPD, produced (new ventures with no crude or gas
production), the planned or estimated production of the venture shall apply.
BOEPD produced in USA are only the hydrocarbons produced in the USA. If pricing cannot be based on BOEPD, produced (new ventures with no
crude or gas production), the planned or estimated production of the venture shall apply.
BOEPD produced outside USA are only the hydrocarbons produced globally except in the USA. If pricing cannot be based on BOEPD, produced
(new ventures with no crude or gas production), the planned or estimated production of the venture shall apply.
BOEPD scheduled/planned are only the scheduled/planned hydrocarbons.
BOEPD sold are only the sold hydrocarbons.
Conversion rules:
Metric Definitions listed above are based on the metric BOEPD (Barrel of Oil Equivalent per Day). A customer might want to use the packages for
different oil products (e.g. crude oil, refined products like gasoline, natural gas, or Liquefied petroleum products - LPG) and/or measures in other
unit-of-measures (UoM) than barrels. In order to enable the conversion of those products and UoMs into BOEPD, the following conversion table can
be used.
Units of Measure:
1 metric tonne
1 kilolitre
1 kilolitre
= 2204.62 lb.
= 6.2898 barrels
= 1 cubic meter
= 1.1023 short tonnes
SAP Confidential
25
1 kilocalorie (kcal)
1 kilojoules (kJ)
1 British thermal unit (Btu) = 0.252 kcal
1 kilowatt-hour (kWh)
= 4.187 kJ
= 0.239 kcal
= 1.055 kJ
= 860 kcal
= 3.968 Btu
= 0.948 Btu
= 3600 kJ = 3412 Btu
Conversion Factors:
To Convert
Crude Oil*
tonnes (metric)
kilolitres
From
barrels
US gallons
tonnes/
year
Multiply by
Tonnes
(metric)
1
1.165
7.33
307.86
-
Kilolitres
0.8581
1
6.2898
264.17
-
Barrels
0.1364
0.159
1
42
-
US Gallons
0.00325
0.0038
0.0238
1
-
Barrels/day
-
-
-
-
49.8
*Based on worldwide average gravity.
From
Products
barrels to tonnes
tonnes to barrels
kilolitres to tonnes
tonnes to kilolitres
Multiply by
LPG
0.086
11.6
0.542
1.844
Gasoline
0.118
8.5
0.740
1.351
Kerosene
0.128
7.8
0.806
1.240
Gas oil /
diesel
0.133
7.5
0.839
1.192
Fuel oil
0.149
6.7
0.939
1.065
To Convert
Natural
Gas &
LNG
billion cubic meters
NG
billion
cubic
feet
NG
million tonnes oil
equivalent
From
million tonnes
LNG
trillion
British
thermal
units
million barrels
oil equivalent
Multiply by
1 billion
1
cubic
meters NG
35.3
0.90
0.73
36
6.29
1 billion
cubic feet
NG
0.028
1
0.026
0.021
1.03
0.18
1 million
tonnes oil
equivalent
1.111
39.2
1
0.805
40.4
7.33
1 million
tonnes
LNG
1.38
48.7
1.23
1
52.0
8.68
1 trillion
British
thermal
units
0.028
0.98
0.025
0.02
1
0.17
1 million
barrels oil
equivalent
0.16
5.61
0.14
0.12
5.8
1
SAP Confidential
26
Budgets
Operating budgets are the annual public sector budgets of the SAP customer (i.e. agency, institution, program or department).
Portfolio budgets are the total annual (calendar or fiscal year) budgets of combined “active” portfolio items managed with the licensed Software.
Program budgets are the budgets for applying the defense organization resources (organic or contracted) to deliver the requisite capability defined
by the program delivery mandate and managed in the licensed Software.
Public sector spend budgets are the annual budgets as published records of budget year procurement obligations.
Total annual budgets are the total annual public sector budgets of the SAP customer (i.e. agency, institution, program or department) based on
current budget period.
Business Partners
Business partners are natural persons within an organization, a group of persons within an organization, or an organization itself that has any kind
of a business relationship with a company.
Business partners for SAP Constituent Services for Public Sector are constituents or grant applicants.
Business partners for SAP Payment Processing for Public Sector and SAP Receivables and Payables Management for Public Sector are
constituents, organizations or companies.
Business partners for SAP Tax and Revenue Management for Public Sector are constituents, taxpayers, tax agents / tax accountants.
Business partners for SAP Demand Side Management for Energy Utilities are business partners stored in the system that have applied for or
enrolled in a Demand Side Management (DSM) program.
Business partners for SAP Social Services Management for Public Sector are all contributors to the Social Benefit Process. Contributors include (but
not limited to) applicants, claimants, beneficiaries, payment recipients, relations to these (e.g. spouse, children) if they (or information about them)
are part of the benefit process.
Business Transactions
Business transactions are the annual number of service related transactions; including service process types: service incidents, service requests,
problems, request for changes and knowledge article.
REMAINING METRICS - C
Calls
External service calls are HTTP requests per calendar year which are processed by SAP NetWeaver Gateway Server. Metadata requests and
requests from SAP Software that contains SAP NetWeaver Gateway runtime software are not counted.
Capacities
Installed capacities are the designed production capacities of a power plant. For a power plant both the electrical power as well the thermal power
has to be considered. The installed capacity is measured in units of 1 GW (Gigawatt).
Capitals
Risk-provisioning relevant capitals are the following balance sheet positions:
Loans and advances to customers,
Loans and advances to banks,
Financial investments at amortized cost
Cases
Cases are related information around a specific event that is processed by a case manager per year. As a related concept a case would be the
information maintained in a physical file folder that is now maintained as a record in the SAP system.
Inpatient cases are the number of inpatient cases that are communicated to insurers in the period of one year.
Cash Flows
Cash flows are determined by the number of financial contracts associated with cash flows.
SAP Confidential
27
P/C/S cash flows are loans except retail loans defined as:
Private Banking / Complex Individual / SME Banking / Mortgages include products with a certain level of personalization on customer level for
individuals and small/medium enterprises.
Corporate loans are highly individualized loans products for the corporate market and can also have a complex structure.
Securities positions
Retail cash flows are standardized cash flow based loan products for the mass market segment of individuals. The product spectrum covers loans
with simple structures and small values for financing consumer products, auto/cars and voyages.
For SAP Cash Flow Management cash flows are the total number of cash flow transactions (payment or receipt) processed by the application per
day. Note that for receipts there would usually be two cash flow transactions (expected receipt and actual receipt).
Cash Control Points
Cash control points are cash control points like bank offices (branches), ATMs, central vaults and central bank vaults modeled and used for
planning the currency network demand and supply in APO (Advanced Planning and Optimization).
Chips
Chips are individual electronic circuitries containing one or more Cores, usually on a silicon wafer.
Claims
Claims cases are new claims created in SAP Claims Management during a one year period.
Travel claims per year are trip or expense reports that are entered into SAP Travel Management and submitted for claim.
Commodities
Commodities sold are commodities (e.g. Copper Concentrate, Molybdenum, Iron Ore, Gold, Coal, and Lead) as modeled in SAP ERP.
Contact records
Contact records are the average of all unique contacts in the system over a period of twelve (12) months. Contacts with no match against other
contact information are counted as a separate contact.
Contracts
Contracts are the contracts (used in all functions including procurement, sales, legal, partner management, HR, real estate, and all other functions
of the organization.) the company plans to address within the application
Utilities contracts are agreements between a utility company and a business partner to provide services to the business partner. Thereby a
separate contract has to be set up for each service provided, for which the utility company has a legal contract with its customer (e. g. a utility
company provides a business partner with electricity, area lighting, gas, and district heating, thus four separate contracts have to be set-up). All
contracts stored in the system with an ending date later or equal to the system date are taken into consideration.
For the sectors below the following division categories of the SAP Utilities system need to be considered:
Energy:
Electricity
Gas
District heating
Mutual help
For all sectors
Water:
Water
Waste Water
Waste & Recycling:
Waste Management
Cores
Cores are the number of cores in CPUs that are available for use by the licensed software. The number of Core licenses must be an integer. When
counting physical Cores, each Core of a physical CPU that runs at least parts of the licensed software, including those that are temporarily assigned
or scheduled to cover peak processing, is considered and counted.
When counting virtual Core’s, each virtual Core that runs at least parts of the licensed software, including those that are temporarily assigned or
scheduled to cover peak processing, is counted.
If the licensed Software will run in a pure virtual environment, physical Cores will not be counted. For purposes of clarification, “Core” as defined in
this metric definition is different from “core” as referenced in the metric definition for any Software licensed on a CPU basis (if any), and therefore is
not applicable in that context.
SAP Confidential
28
Costs
Asset retirement obligation cost estimations are the volume of the cost estimations which are handled in the solution.
The cost estimation volume is equal to the total of the settlement values (expected costs at the estimated retirement date) of all cost estimation items
of the cost estimation plans of all asset retirement obligations, which are handled by SAP Asset Retirement Obligation Management. If the customer
is using more than one accounting principle, the cost estimation volume is calculated separately for every accounting principle. The maximum of
these values will be used for pricing. The cost estimation volume is determined based on the volume, which is valid at the fiscal year end date. Only
asset retirement obligations, which are active at this date, will be considered.
Costs of goods sold are all expenses directly associated with the production of goods or services the company sells (such as material, labor,
overhead, and depreciation) annually. It does not include selling, general and administrative expenses or research & development. If cost of goods
sold is unknown then it shall be equal to 70% of total company revenue.
Countries
Countries exporting are the countries where electronic communications with local customs authorities needs to be established.
When licensing by ‘country exporting from’: Please note that number of countries where electronic communications is available is currently limited.
Please check availability before licensing for a particular country.
CPUs
CPUs are the central processing units (“CPU”) that runs at least parts of the licensed Software.
When the Software or Third Party Software is licensed on a CPU basis, any server or computer on which the Software or Third Party Software is
installed may not exceed the aggregate number of CPU licensed. A multi-core chip CPU with N processor cores shall be counted as follows: the first
processor core in each processor shall be counted as 1 CPU, and each incremental processor core in such processor shall be counted as 0.5 CPU,
and then the total CPU count will be rounded to the next whole number (the “CPU Calculation”). See Example 1 below for an illustration of the
application of this licensing requirement.
Software based on a CPU license metric basis licensed by Licensee on or after July 1, 2009 (the “Qualified Software”) will contain Virtualization
Rights (defined below). Virtualization Rights are not applied to Software licensed prior to July 1, 2009 or upgrades and updates thereto subsequently
made available to Licensee pursuant to Support Services. Licensee may not combine licenses having express Virtualization Rights with licenses not
having express Virtualization Right in a single Deployment.
In the event that Licensee employs industry standard tools and methodologies enabling Licensee to logically partition or pool its processing power,
Licensee may install the Qualified Software on servers or computers consisting of a number of physical CPUs greater than the number of CPUs
licensed hereunder provided that Licensee shall configure such servers or computers in a manner such that the total number of CPUs (or total
number of virtual processor cores if virtualization software is implemented), or any portion thereof, made available to run the Qualified Software, or
any portion thereof, does not exceed the number of CPUs licensed (“Virtualization Rights”). For the purposes hereof, a CPU (or virtual processor
core) shall be deemed available to run the Qualified Software if such CPU (or virtual processor core) or any portion thereof is available to run the
Qualified Software at any time for any purpose, including but not limited to permanent, temporary, scheduled, and on-demand availability. Under the
Virtualization Rights, where virtualization software is implemented, only virtual processor cores made available to run the Qualified Software will be
counted in accordance with the CPU Calculation. See Example 2 below for an illustration of the application of this licensing requirement.
Notwithstanding the foregoing, for Third Party Software licensed on a CPU basis, each processor core shall count as 1 CPU, and every CPU
(whether Used productively or non-productively) shall count against the CPU license level for such Third Party Software. Virtualization Rights do not
apply to Third Party Software.
EXAMPLE 1: One quad core processor will count as 2.5 CPUs (or 1 CPU for the first core, plus 0.5 multiplied by 3 for the subsequent 3 cores)
rounding up to 3 CPUs. Therefore, Licensee will be required to license 3 CPUs if the Software is installed on a quad core server. Another example
may involve a server with three quad core processors. As illustrated above, each quad core processor will represent 2.5 CPUs. Three quad core
processors will total 7.5 CPUs (or 2.5 CPUs multiplied by 3) rounding up to 8 CPUs. Therefore, Licensee will be required to license 8 CPUs if the
Software is installed on a server with 3 quad core processors.
EXAMPLE 2 (Virtualization Rights): A server has 16 physical dual core CPUs in a configuration where up to 4 virtual dual core processors are made
available to run the Qualified Software. In this case, each virtual dual core processor will count as 1.5 CPUs (or 1 CPU for the first core, plus 0.5 for
the second core). Four virtual dual core processors will total 6 CPUs (or 1.5 CPUs multiplied by 4). Therefore, Licensee will be required to license 6
CPUs under this virtualization configuration.
Customers
Customers are active partner records in the data base.
Corporate customers are customer files (equals number of business partners e.g. customers, prospects, contacts, etc.); distinguished between
retail customers, corporate customers and bank employees (in case of employee help desk). All business partners related to/relevant for the planned
usage of the solution (specific department/branch, customer group, etc.) need to be counted.
In case of employee help desk (using SAP Solution Manager) this metric needs to be applied for the help desk staff. For employees only reporting
problems the SAP Employee User must be licensed.
SAP Confidential
29
Retail customers are customer files (equals number of business partners e.g. customers, prospects, contacts, etc.); distinguished between retail
customers, corporate customers and bank employees (in case of employee help desk). All business partners related to/relevant for the planned
usage of the solution (specific department/branch, customer group, etc.) need to be counted.
In case of employee help desk (using SAP Solution Manager) this metric needs to be applied for the help desk staff. For employees only reporting
problems the SAP Employee User must be licensed.
REMAINING METRICS - D
Database Sizes
Gigabyte database sizes are database sizes of the productive systems and are calculated individually for each system (i.e., each ERP, BI and
CRM system).
1.5 Terabyte accumulated database sizes are the database sizes of all productive SAP systems where the customer uses SAP Landscape
Transformation.
Deployments
Deployments are single installations of no more than one of the following Software modules or files within the BA&T SAP BusinessObjects
Business Intelligence Platform Software (for which Licensee must obtain a license): Repository, Security Domain, Central Management Server
(“CMS”), CMS Cluster, or Crystal Reports Runtime Engine.
Deposits
Deposits are deposits accounts (Saving, Money Market, Checking, CDs etc.) that will be priced using the price optimization solution on an
annualized basis.
Derivatives
Derivatives are financial instruments whose value is based on another security.
Devices
Devices are any piece of equipment or hardware and includes but is not limited to: a workstation, terminal, point of sale terminal, notebook,
handheld, tablet, internet connected television or other networked device.
Sybase SQL Anywhere Database for Use with SAP POS for Retail: devices are defined as those accessing data from SQL Anywhere Database
Access devices is defined as each device, piece of equipment, or hardware (e.g., a workstation or terminal, notebook or handheld or otherwise
portable device) connected to a network that stores, accesses, processes, and/or displays data originating in the Royal Mail UK reference file.
IT devices are elements that are actively recognized by the SAP IT Infrastructure Management Software in the network or entered into the SAP IT
Infrastructure Management configuration database.
Mobile devices are devices like smartphones, tablets, PDAs, laptops or devices that are installed in a vehicle (on-board units).
Point of sales devices are devices, or mobile devices for mobile point of sales applications or mobile devices for merchandise applications or scale
devices for scale applications.
Device models are all devices which belong to a product model family from a particular hardware provider.
Hybris devices are equipment or hardware in use by the Named Users to access data from the hybris Commerce platform. A hybris device can be
defined as any piece of equipment or hardware; and includes, but is not limited to: a workstation, terminal, point of sale terminal, notebook,
handheld, tablet, internet connected television or other networked device (for example store employees using a device – tablet, phone, workstation –
to access web content to answer customer question ). Hybris devices would not include equipment or hardware used by End Customer to access
hybris commerce platform with limited access (for example customer placing online orders / accessing payment gateway and accessing catalogues
on hybris commerce platform).
REMAINING METRICS - E
Energy Spends
Energy Spends is the total annual spend towards renewable and non-renewable energy sources to run operations.
Employees
SAP Confidential
30
Employees are employees (including contract workers) employed by the company or employed by the legal entity that is licensing the functionality
of the package.
For Enterprise Performance Management or Global Risk Compliance packages: If the licensed package will be restricted to a division, affiliate or
subsidiary of the Licensee, it is possible to use the total number of employees employed by such division, affiliate or subsidiary of the licensee
whose activities are being managed by the licensed software.
For SAP Manufacturing Integration Intelligence(SAP MII): Employees are the total number of employees in those plants and supporting locations
where SAP MII is being used, and where employees are workers, mobile workers, contractors or partners associated with those plants/locations.
Sales employees are employees (including contract workers) and business partners using the SAP CRM Sales software.
Employees scheduled are employees that need to be considered during a scheduling run.
Employee files are employee (employees and former employees) folders containing their electronic files.
Enterprise Foundation
SAP ERP Foundation Starter comprises SAP ERP and five (5) SAP Application Professional Users.
Full-Time Equivalents
Full-time equivalents (FTE) are employees who are employed by the licensed organization and non-employees who may be engaged on
emergency related activities, either on a temporary or permanent basis and who are tasked, deployed or managed by the licensed organization for
the purposes of disaster or emergency management.
Events
Events are the maximum number of event data records that are processed and stored in database over a one year period.
External Community Members
External community members are either non-employees of organizations such as schools, universities, charities or governmental entities or
business third parties including, but not limited to, customers, employees of distributors and suppliers who are licensed to access solely the SAP
Enterprise Portal software. External Community Members are not allowed to access other SAP software and their respective components. Business
third party employees participating in collaborative business scenarios that require access beyond SAP Enterprise Portal software need to be
licensed as Named Users for the respective SAP software.
REMAINING METRICS - F
Filings
Filings are the activities when one Legal Entity Uses the Software to submit an unlimited number of applications, filings, statements, returns,
notices, reports, exemption or such other documents to a single Governmental Entity in each calendar year. Submission of any filing by more than
one Legal Entity to the same Governmental Entity or by one Legal Entity to multiple Governmental Entities shall require additional Filing licenses.
“Government Entity” means any federal, state, foreign governmental entity, securities authorities, agency, commission, other regulatory, selfregulatory or enforcement authorities or any courts, administrative agencies or commissions or other governmental authorities or
instrumentalities.
“Legal Entity” means any individual, person, partnership, joint venture, corporation, company or other form of enterprise, domestic or foreign.
Flat Fee
Flat fee is the fixed package license fee for the software.
REMAINING METRICS - G
Gigabytes
Gigabytes per month are the overall message volumes expressed in Gigabytes (GB), which is processed by the respective SAP Application.
Gross Written Premiums
Gross written premiums are the total gross premiums of a fiscal year, insofar processed by the SAP solution of an insurance company.
SAP Confidential
31
REMAINING METRICS – H
REMAINING METRICS - I
Inhabitants
Inhabitants are residents of a specified political sub-division and whose residency within that sub-division would be counted for the purposes of a
census.
Installations
Installations are instances of the software installed at a designated device.
Installations (SAP Enterprise Project Connection) are installations to 3’rd party products (e.g. the number of 3’rd party project system
installations that will be connected to SAP systems).
Instances
Instances are unique connections to a single specified application or technology type.
LVM instances are the primary application servers used for central application services of the managed SAP application, including the enqueue and
message services (e.g. the central instance), any SAP Web AS instances associated with the managed SAP application that is not the central
instance (e.g. dialog instances), the primary database of the managed SAP application (e.g. database instance), or any occurrences of TREX or
LiveCache associated with the managed SAP application. In cases where multi-node databases (e.g. RAC, DPS, HANA, etc.) are managed by LVM,
all nodes are counted, however shadow databases are not counted toward the licensing.
For the copy/clone/refresh option, only the primary system database of the source systems is counted. In cases where multiple databases are
configured for the managed systems (e.g. shadow DB, DB cluster, LiveCache, etc.), then only one database is counted, regardless of which
ones or how many are configured.
For third-party (e.g. non-SAP applications) and custom developed applications the entire application is defined as a single LVM instance in SAP
NetWeaver Landscape Virtualization Management, regardless of the software architecture for that application.
Interactions
Customer interactions are agent-assisted or self-service customer interactions with one or more recommendations made by the Real Time Offer
Management (RTOM) engine on a yearly base. RTOM recommendations might be cross-sell, up-sell or next best action recommendation.
Inventories
Service parts inventories are the values of service parts stock inventory at the balance sheet key date, in accordance with the ruling accounting
principles.
Invoices
Invoices are items that flow through the cockpit for reconciliation per year.
Items
Equipment items are equipment master records. Each equipment master record which is assigned to Equipment and Tools Management (ETM) is
counted for pricing. An equipment master record can be configured as a single item (e.g. a crane), or as a “multi-part equipment” (which could have,
e.g., 100 drilling machines in inventory), in both cases only one equipment master record is counted for pricing.
Postal items are event handler records created by postal objects like parcels, registered mail and alike that are processed and stored in the
database over a one year period. This does not include Mail containers like mailbags, postal totes, palettes etc.
Items, per configuration are line items in the SAP CRM quotation that have been generated using the solution.
REMAINING METRICS - J
Joint Ventures
Joint ventures are contractual agreements joining together two or more parties for the purpose of executing a particular business undertaking. All
parties agree to share in the profits and losses of the enterprise. The maximum number of joint ventures per year needs to be considered.
SAP Confidential
32
REMAINING METRICS - L
Languages
Languages designate any language used for creating and displaying product content, web content and customer facing data. Back-office cockpits
available in multiple languages for SAP hybris cockpit users do not constitute the need for an additional language.
Learners
Learners are individuals accessing the application and engaging in any learning services being processed by the application.
External learners are learners (non-customer employees) booking at least one course in a year.
Licenses
Concurrent access licenses are the aggregated numbers of end users accessing the licensed Software at any one time. The number of users
accessing the licensing Software may not exceed the number of Concurrent Access Licenses (CALs) the customer has obtained. CAL(s) are
assigned to a particular Deployment, and may not be shared among different Deployments. When using Concurrent Access licenses, customer may
not utilize a program or system to cache or queue report requests.
Important note: this pricing metric is only available through BusinessObjects Value Added Resellers.
Limit Sets
Limit sets are the current limit sets that are used in the system.
Loading Points
Loading points are group of docks with similar technical characteristics (e.g. being able to handle the same equipment) used for loading and
unloading material into or out of a warehouse. An appointment in this context is defined as a planned time slot for loading or unloading a
transportation unit (example: container or trailer).
Loadrunner
Loadrunner, controllers are the central point for load test designs and load test executions.
Loadrunner, enterprise controllers are the central point for load test designs and executions, and contain a component that provides web access
and scheduling capabilities.
Loans
Loans are a type of debt. Like all debt instruments, loans entail the redistribution of financial assets over time, between the lender and the borrower.
For the purpose of determining the type of loans the following definitions apply:
Consumer loans are loans (e.g. auto loans) that will be priced using the price optimization tool.
Corporate loans are highly individualized loans products for the corporate market with a high value.
High value loans are having a complex structure and a high level of individualization on customer level in the area of corporate banking.
They are possibly included in refinancing via syndications.
Micro loans are highly standardized, low value loans, given by a bank or other institution in emerging countries. Micro loans can be offered,
often without collateral, to an individual or through group lending.
Private banking, complex individual, SME loans are business types covering the management of products with a certain level of
personalization on customer level for individuals and small/medium enterprises. The product spectrum covers the same type of product as
retail banking, but having a higher complexity, higher level of individualization and value.
Retail loans are standardized loan products for the mass market segment of individuals. The product spectrum normally covers loans with
simple structures and small values.
Secured micro loans are small amounts of money loaned to a client by a bank or other institution, offered with a collateral, to an individual
or through group lending.
Syndicated loans are loans on a wholesale basis, i.e. big tickets (e.g. for infrastructure projects).
Loans volumes are the volumes of loans in balance sheets.
Locations
Base & remote locations are central warehouses or distribution centers from which the remote locations are supplied with spare parts and
materials. Offshore facilities (e.g. platforms) or remote on-shore facilities are examples for remote locations in the Oil & Gas industry. Mines or
processing centres are examples for remote locations in the mining industry.
Collaboration locations are parts of master data, which refer to any e.g. plant, warehouse, distribution center involved in collaboration business
processes. This includes all supplier/contract manufacturer owned and managed locations as well as all customer side locations that e.g. receive
goods or are necessary to define in the system when running supply network collaboration scenarios, i.e. Customer -, Supplier -, Quality
Collaboration and Outsourced Manufacturing scenarios.
Logistic locations are plants, distribution centers, customers and suppliers/vendors modeled in SAP APO (Advanced Planning and Optimization)
where products or resources are planned.
Locations with lean manufacturing scenarios are all partner locations (both customer locations and supplier locations) in the master file of the
SNC solution (ICH), as well as all connected JIT/JIS-partners (Just-in-time/Just-in-sequence) in the table called JITCU. Each licensed partner
location additionally contains 50.000 in-bound JIT/JIS calls per year. In this case the connected Partner locations / partners are counted per plant of
SAP Confidential
33
the customer to calculate the license fee (e.g. 2 supplier plants of one company shipping to one customer plant is to be counted as 2 partner
locations).
REMAINING METRICS - M
Mainframe
Mainframe Bases are physical mainframe machines where each machine is referred to and identified as a unique serial number.
Margins
Revenue operating margins are the differences between billed revenues and associated third party transportations. Billed revenue is defined as all
charges billed to a customer on a forwarding order basis in a year. Transportation expenses, if applicable, are defined as transportation and related
services costs identified as orders in the Transportation Management system to external business partners during the year.
Master Records
Master records are one contractual relationship between the company and an employee whose payroll is being calculated.
Spare parts material master records are current values of service parts stock inventories at the balance sheet key dates, in accordance with the
ruling accounting principles.
Members
Loyalty members are the actual 12 months average number of members in the SAP CRM System.
Memories
Blade memories are the memory sizes of the blade.
Gigabytes of memories are the total amount of memory that may be used by the HANA Software, as measured in gigabytes.
Message Volumes
Message volumes (MB) / month / installation are the data volumes in megabyte of conversions performed per month and per installation.
Modules
Rapid mart modules are separate units of software that may include a specific subject-oriented repository of data and/or content designed to
answer specific questions for a specific set of users. E.g. Sales, Inventory, Purchasing, General Ledger, HR etc.
There are 12 Rapid Mart Modules available for SAP Rapid Marts, Edge edition.
REMAINING METRICS - N
Net Property Plant & Equipment’s
Net property plant & equipment’s are the values of the total properties, plants and equipment’s as disclosed in the balance sheet insofar as
processed by the SAP solution on a yearly base.
Nodes
Nodes are servers or virtual machines running the Hortonworks or Intel Data Platform.
A server is a single piece of hardware that runs the software. A hardware partition or blade is considered a separate hardware system.
A virtual machine is a software container that can run its own operating system and execute applications like a single physical machine.
REMAINING METRICS - O
Objects
Objects are defined as contracts for financial products that are sold in the retail market and in OTC (over-the-counter) trading (examples: loans,
credit facilities), and standardized products that can be bought and sold in an open market (stock exchange) (e.g. Shares, Listed Options, Bonds).
Business partner objects are business partner type objects stored in the “Master Data Management” system. This is the sum of all supplier
objects, as well as any user defined object of type business partner (vendor, B2B customer, B2B contact, employee, business partner, etc.) User
defined objects are created using the MDM tool for management within the MDM repository.
SAP Confidential
34
A Business Partner is a natural person within an organization, a group of persons within an organization, or an organization itself that has any kind of
a business relationship with a company.
Consumer objects are consumer type objects stored in the Master Data Management system. This is the sum of all B2C customer, B2C contact,
citizen objects, plus the total number of any additional consumer type user defined object. User defined objects are created using the MDM tool for
management within the MDM repository.
A consumer is a natural person or a group of persons (e.g. household) that has any kind of business relationship with a company.
Consumer data objects are consumer type objects stored in the Master Data Governance system. This is the sum of all B2C customer, B2C
contact, citizen objects, plus the total number of any additional consumer type user defined object. User defined objects are created using the MDG
solution for management within the MDG repository.
A consumer is a natural person or a group of persons (e.g. household) that has any kind of business relationship with a company.
Custom data are master data objects stored in custom-build “Master Data Governance” systems that are not of type financials, suppliers, customers
or materials. This is the sum of all user defined object of type things (contract, location, asset, equipment, contract, etc.). A user defined object is
created using the Master Data Governance framework.
Customer data objects are active customer objects stored in the “Master Data Governance for Customer” system.
Database objects are collections of intrinsic and/or customer-defined properties that are defined by a Palantir dynamic ontology and stored in or
accessible by the Palantir system. “Objects represent entities (people, places, and things), events, and documents”.
Properties represent features or characteristics of objects. Different types of objects have different types of properties. For example, a person
object might have an eye colour property and an event object might have a date property.
Intrinsic properties are attributes that are inherent in objects and, unlike other object properties; you cannot add or remove them. For example,
entities contain the intrinsic property Title, and events and documents contain the intrinsic properties Title, Date Begin, and Date End. You can
see and change an object’s intrinsic properties, and correlate them to data sources by using the Basic Info panel in the Browser’s Properties
view in Palantir Workspace.
Financial objects are financial objects (sum of Group Account, Operational Account, Cost Element, company, profit center, cost center) stored in
the “Master Data Governance” system.
Maintenance objects are all objects defined in the MSP (Maintenance and Service Planning) master file (major assemblies such as aircraft,
engine).
Master data objects are all master data objects stored in the SAP NetWeaver Master Data Management system, plus the total number of all master
data objects stored in the SAP Master Data Governance System.
Product data objects are active material objects (material, products, article) stored in the “Master Data Governance for Material” system.
Product and other data objects are master data objects stored in the “Master Data Management” system that are not of type financials, or
business partner. This is the sum of all material objects, as well as any user defined object of type things (product, article, contract, location, asset,
etc.). User defined objects are created using the MDM tool for management within the MDM repository.
Supplier data objects are active supplier objects (vendors) stored in the “Master Data Governance for Supplier” system.
Orders
Orders are externally created sales and service or purchase orders processed on a yearly base.
Externally created orders are those orders that are not entered by a SAP Named User.
ARO sales orders are the annual number of sales orders the customer will process through SAP Allocation and Rescheduling Optimization (SAP
ARO). The figure is taken as the number of discrete sales orders processed annually by the SAP ARO allocation run process.
Fleet planning orders for Waste and Recycling are the number of orders processed by a service planner. The number of fleet planning orders per
year is calculated as the sum of all Utilities contracts (Waste and Recycling) plus every block of 10 Waste orders in that year.
Sales orders are orders based on order documents which are executed in and triggered from SAP CRM.
Telecom orders are orders and subscriptions (for individual service products or bundles), change processes (e.g. tariff or subscription changes) and
cancellations.
Waste orders are the sum of all orders in Waste and Recycling.per year that are not invoiced by the SAP Bill-To-Cash Management solution (they
are processed in another billing solution such as Sales & Distribution) plus the number of direct delivery weighing notes per year.
Ounces
Ounces of silver for SAP Commodity Sales & Procurement are the sales or purchasing volume per year for the following commodities: silver.
Ounces of precious metals except silver for SAP Commodity Sales & Procurement are the sales or purchasing volume per year for the
following commodities: gold, platinum, palladium, ruthenium, rhodium, osmium, iridium.
Outpatient Days
Outpatient days are counted when one patient has been treated as an outpatient in one calendar day, independently of the quantity of work done
on that day and on how the work was documented in the SAP system (in one or more treatment cases, and within cases as one or more visit
movements).
REMAINING METRICS - P
Packages
SAP Confidential
35
Decision service asset packages are collections of 25 rules and expressions (excluding constants as an expression.
Parcels
Parcels of land are units of land managed by the Software.
Parties
Connected parties are connected physical plants, facilities and or distribution sites, where products are produced and/or stored and/or distributed
and suppliers are connected to SAP Global Batch Traceability
Participants
Participants are members of an access control context authorization and/or users utilizing the business context viewer, creating/updating
engineering records, utilizing recipe development and/or users actively using the status & action management functionality.
Partner Organizations
Partner organizations partner organizations maintained in the SAP CRM system.
Active partner organizations are active partner organizations with which a brand owner is doing business.
Patients
Patients/members are users accessing SAP E-Care Social Connect for the purpose of the maintenance of chronic conditions, or in the
achievement of healthcare goals. A patient/member will only be counted once no matter how many chronic conditions, or healthcare goals are
pursued.
Patient care days are the relevant number of patient care days reached by the Licensee in a calendar year is the corresponding statistic according
to the annual H+ member directory “H+ Die Spitäler der Schweiz”.
Patients treated are those treated in one calendar year in the institutions supported by the SAP system. Patients are only counted once, no matter
how many times they are treated in the hospital within the year.
Payments
Payment items are single payment transaction within a payment order. A payment order can have one ordering party item and multiple recipient
party items.
Persons
Persons are entries of person records stored in the database of SAP E-Care Data Connect.
Persons, in treated populations are belonging to the population that is treated in the healthcare network to which the Software is applied.
Plants
Plants are physical sites owned by or operated by an enterprise supported by the Software.
For the purpose of determining the size and usage scenario of plants the following definitions apply:
Small plants are plants with up to 500 employees. Employees per plant are all employees and contractors working in the plant.
Midsize plants are plants with 501 up to 5.000 employees. Employees per plant are all employees and contractors working in the plant.
Large plants are plants with more than 5.000 employees. Employees per plant are all employees and contractors working in the plant.
For SAP Operations Management for Mining: Plants are mines, concentrators, processing plants, smelters, refineries, distribution centres
(stockpiles) and ports. Employees include own employees in the operations, contractors, administration and maintenance staff.
For SAP Product Structure Synchronization: Every outsourced manufacturing plant will be considered as small plant. An outsourced
manufacturing plant is a physical site owned or operated by a supplier or partner who is part of the engineering to manufacturing scenario
supported by Product Structure Synchronization.
(Work clearance management) plants are physical plants or network locations.
Points of Delivery
Points of delivery are the points of delivery (PoDs) at which a utility service is supplied or determined. When a utility installation is created in SAP’s
Utilities system, a unique PoD is automatically generated. All PoDs in the system are counted where a device or device info record is assigned to
SAP’s Utilities installation with an ending date later or equal to the system date; technical and virtual PoDs are not considered.
For the sectors below the following division categories of the SAP Utilities system need to be considered:
Energy:
Electricity
Gas
District heating
Mutual help
For all sectors
Electricity:
Electricity
Gas:
Gas
Water:
Water
Waste Water
Utilities or no division named:
Electricity
SAP Confidential
36
Gas
District heating
Water
Waste Water
Waste Management
Mutual help
For all sectors
Points of delivery, advanced meter are the points of delivery (PoDs) at which a utility service is supplied or determined. When a utility installation
is created in SAP’s Utilities system, a unique PoD is automatically generated. All PoDs in the system are counted where an active, advanced meter
is assigned to SAP’s Utilities installation with an ending date later or equal to the system date; technical and virtual PoDs are not considered.
For the sectors below the following Division Categories of the SAP Utilities system need to be considered:
Energy:
Electricity
Gas
District heating
Mutual help
For all sectors
Water:
Water
Waste Water
Point Of Sales
Points of sales are physical stores or shop-in-shops. Pricing is based on the total number of Point of Sales entries in the master file.
Point of sales transactions are sales orders based on one-order documents which are triggered by the SAP CRM system and Point-of-Sale
transaction line items which are executed in the SAP CRM system.
Portfolios
Sales portfolios are the annual energy sales and procurement portfolios of a utility company. The sales portfolio is measured in units of 1 TWh
(Terawatthour).
Ports
Ports are communication channels.
Positions
Positions are the positions within an organization, business unit, geographic location, etc. that will potentially be recruited using SAP E-Recruiting.
Note that this is not the same as the number of vacancies in any given year. Each position equates to one and only one employee, regardless of
whether the position is defined as part-time or full-time.
Assuming a company has 10,000 positions and 4,000 are white collar and 6,000 blue collar. They use SAP E-Recruiting to fill the white collar
positions, but some other solution (or paper) to fill the blue collar positions. The SAP E-Recruiting engine price would be based on 4,000/500 = 8
blocks.
Prices
Contract price is the net value of the license contract. Contract price for partners is defined as the amount the Partner has to pay for SAP and Third
Party Software to SAP. So, the Contract price for Partners is calculated based on the price recommended by manufacturer minus all partner
discounts.
Processes
Processes are jobs or processes that can be run through the licensed Software concurrently.
Products
Products, data cache are the products stored in the product data cache.
Finished products are finished items planned in the rapid planning matrix, sequencing table and / or model mix planning.
Profiles
Profiles are individually produced business mapping documents counted for each connected business partner. Each profile is qualified by SAP,
example: purchase order inbound, purchase order confirmation outbound, purchase order confirmation inbound, purchase order change and
cancelation.
Public Officers
Scheduled public officers are employees who are involved in public administration, public security or works for a government agency and which
will be planned for the work rosters and/or scheduled for service activities.
REMAINING METRICS - R
Receivables
SAP Confidential
37
Secured corporate receivables are highly individualized receivables (loan, credit facility etc.) product for the corporate market, managed either by
a SAP for Banking application or in an external system, secured by one or more collateral objects.
Secured private banking, complex individual, SME receivables are receivables (loan, credit, facility) with a high level of individualization on
customer level, managed either by a SAP for Banking application or in an external system, secured by one or more collateral objects.
Secured retail receivables are standardized receivables (loan, credit, facility, etc.) product for the mass market, managed either by a SAP for
Banking application or in an external system, secured by a collateral object.
Recipients
Recipients are individuals receiving reports from the licensed Software.
Commission recipients are persons who receive payments of any type via SAP Incentive and Commissions Management.
Recommendations
Recommendations are recommendations created by the SAP Real Time Offer Management system in a calendar year.
Records
Records are the actual 12 months average number of business partners and marketing prospects maintained in the SAP CRM System.
Interaction records are interaction records created per year by the SAP CRM interaction center.
SAP NetWeaver records are leading SAP business objects and/or cases in SAP NetWeaver Folders Management. Archived Records (records
attached to archived business objects) are not counted. A leading object is the object the record refers to.
When SAP NetWeaver Folders Management is used to manage employee files, employees managed in the SAP HCM system are the leading object
to be counted. When it is used for billing, creditors and debtors are the leading objects to be counted. When it is used in SAP Real Estate
Management, real estate objects (including but not limited to real estate contracts, business entities, buildings, pieces of land, rental objects
architectural objects, and parcels of land) are the leading objects to be counted. When it is used to manage changes of equipment by utilizing cases,
the number of change requests is counted.
Segmentation records are the maximum number of unique records within any segmentation object, based on the sum of all segmentation profiles
that are built on any segmentation object in the system over a 12 months period.
Relations
EDI relations are unique relations between partners per business document type & format sent or received using at least one component of the B2B
add-on. An EDI relation is counted per integrated partner (e.g. sender, receiver), document type (e.g. orders, invoice) & format (EDIFACT, custom)
and direction (inbound, outbound). For example if 10 partners use the EDIFACT purchase order inbound and EDIFACT purchase order outbound
document then 20 partner EDI relations would be counted.
When integrating with a B2B hub (such as Ariba, GXS, Sterling Commerce) or an EDI portal the locations of the addressed partner are behind the
hub’s or portal’s infrastructure. In this case not one EDI relation with the hub will be counted but n EDI relations with the final addressed partner.
Resources
Resources are uniquely identified users and pieces of equipment, including machines, tools and scanners that directly or indirectly feed data to or
accesses data from the SAP Manufacturing Execution System.
Managed resources are client employees, delivery vehicles and/or any other unique resources managed by SAP Workforce Scheduling &
Optimization by ClickSoftware.
Resources, usage volume are resources planned during a given calendar year using SAP Multiresource Scheduling or SAP Multiresource
Scheduling with Optimizer.
A resource is a person (such as a technician, service engineer, or repair engineer), or a production resource (such as a tool, instrument, machine, or
room).
Retail Station
Managed retail stations are retail stations (gas stations) operated by the solution
Revenue
Revenues are the annual incomes that a company receives from its normal business activities and other revenues from interests, dividends,
royalties or other sources. Revenue excludes indirect taxes such as VAT, Excise Duty or any similar sales related taxes.
For SAP Account & Trade Promotion Management, SAP Trade Promotion Optimization SAP Commercial Project Management and SAP Dairy
Solution by msg only the revenue needs to be considered associated with the business or division which the capabilities of this package will be
applied against.
For SAP Electronic Invoicing for Brazil (NFE) only the revenue generated by the company or legal entity located in Brazil needs to be
considered.
For SAP Flexible Solution Billing annual revenues processed refers to the revenues processed per year processed by the solution.
License revenues are the annual values that a company creates from intellectual property license monetizations that are handled within the SAP
Intellectual Property Management (SAP IPM) system. License revenue includes financial validation for deals which is implemented in SAP IPM but
does not result in an incoming payment e.g. barter deal.
Revenues and expenses for SAP Billing for Telekom are the annual revenues received and annual expenses paid (commissions, royalties,
revenue share, etc.) based on pricing and sales events processed through the SAP Billing for Telecom or SAP Charging and Billing for High Tech.
Revenue and expenses are both positive values so that expenses do not net against revenue.
SAP Confidential
38
Revenues and expenses for SAP Charging and Billing for Banking are annual revenue received (interest income and non-interest income) and
annual expenses paid (interest expense for deposits, commissions, royalties, etc.) based on pricing and transactions that are actually processed by
SAP Charging and Billing for Banking. Revenue and expenses are both positive values for this purpose i.e. expenses are not netted against revenue
numbers.
Revenues and royalties for SAP Charging and Billing for High Tech are annual revenues received and royalties based on pricing and sales
events processed through the SAP Charging and Billing for High Tech. Revenue and royalties are both positive values which means expenses do
not net against revenue.
REMAINING METRICS - S
Scenarios
Scenarios are used in SAP Process Performance Management by Software AG based on SAP Solution Maps. Details on SAP Solution Maps can
be found in sap.com: http://www.sap.com/solutions/businessmaps/index.epx
Servers
Process servers are defined as each server (real or virtual) where scheduled jobs are to be managed. A process server is required for every single
connected application, server or operating system (OS) instance (virtual or physical) with a unique identification on which processes are executed
that need to be monitored, managed and controlled. For each process server purchased the customer is provided with 1 production and 3 nonproduction environments (i.e. 1 for fail-over for the production instance, 1 for development and 1 for test).
Servers are physical computers, cases, boxes or blades that house the CPUs running the software product. Multiple virtual machines on the same
physical box are allowed and do not require additional licenses.
Service Units are published mainframe capacity ratings (MSU ratings). For up-to-date MSU ratings please refer to the relevant vendor websites.
Services
Services inquiries are service process types: complaints, service orders, service incidents, service requests, repair order request for changes,
warranty claims & problems.
Trips/vehicle related services are transactions per day processed by the convergent charging system, which are defined as pricing outputs (where
one input as event detail record/billable item can generate one or several pricing outputs). In case several parties participate to the Trip/vehicle
related service, the additional transactions triggered by the SAP Convergent Charging engine for settlement purposes need to be counted in addition
to the original transactions.
Services requests and warranty claims are service related inquiries per year, including service process types: complaints, service orders, service
incidents, service requests, repair order request for changes, warranty claims & problems plus the number of warranty claims (processed within SAP
ERP).
Sessions
Concurrent sessions are the aggregated numbers of sessions accessing the licensed Software at any one time. A session refers to the time
between logon and logoff or time out where a unique user, application or platform accesses the licensed Software. The number of sessions
accessing each licensed Software product may not exceed the Licensed Level for the number of Concurrent Sessions for such licensed Software
product. All Concurrent Session licenses for a given Software product must be assigned to the same, single Deployment, and may not be assigned
amongst different Deployments. When Using Software licensed by number of Concurrent Session licenses, Licensee may not utilize any program or
system to cache or queue report requests. Deployment, as used in this metric definition, is defined as a single installation of no more than one of the
following Software modules or files within the BA&T SAP BusinessObjects Business Intelligence Platform Software (for which Licensee must obtain
a license): Repository, Security Domain, Central Management Server (“CMS”), CMS Cluster, or Crystal Reports Runtime Engine.
Shipments
Shipments are consolidated physical shipments of cargo from origin to destination. as represented in the software in a one year period. In this
context, for parcel or package shipping (i.e. the shipping of parcels (packages) or high value mail as single shipments) one “shipment” for SAP TM
pricing purposes is represented by one pick-up event by one truck (or any load carrying vehicle or asset) at one location, i.e. pick-up’s or “shipments”
have unique origin regardless of destination(s). Individual parcels (packages) can weigh up to 70kg (154 lbs) to be considered “parcels”.
Other Deliveries: Deliveries are always considered as shipments. Additionally also containers, handling units, orders, vehicles or packets can be
considered as shipments.
Mill Products: shipments correspond to deliveries, shipments, containers, trucks or railcars.
Consumer Products: shipments correspond to deliveries, orders or loads (=vehicles).
Mining: Shipments correspond to deliveries, shipments, containers, trucks, railcars, voyages or trains.
Sites
SAP Confidential
39
Sites For directories provided by NavTeq/Nokia: Sites are Licensee locations within the Licensee's legal entity where the directories are Used by the
Licensee. The Licensee may Use the licensed directory on any number of CPUs or Cores on any number of servers or computers. Licensee’s
employees belonging to the same location may Use such Site installations remotely.
Sizes
Weighted size of organization is the numbers of full time equivalents employed in the organization – including military and civilian personnel &
reserve.
For SAP Force Generation for Defense & Security:
Weighted Size = Military Personnel x 1.0 + Reserve x 0.5 + Civilian x 0.5
For SAP Force Deployment for Defense & Security:
Weighted Size = Military Personnel x 1.0 + Reserve x 1.0 (civilians are not considered)
Spend
Rights spend are the company’s annual expenditures for the acquisition of intellectual property rights. Rights, spend includes financial validation of
deals which are implemented in SAP Intellectual Property Management but do not result in outgoing spent e.g. barter deals.
Spend volumes are the company’s annual expenditures for the procurement of all direct and indirect goods and services.
For SAP Electronic Invoicing for Brazil (NFE-Inbound), only Spend Volume in Brazil is to be considered.
R&D spend volumes are the annual expenditures of a company or relevant business units on Research & Development activities from financial
statements, including headcount, equipment and related projects.
Stores
Stores are individual operational units of a customer (typically operated by retailers).
Students
Students or equivalents are:
Full-time registered students e.g. students who are registered for a full course load for the current academic year at the institution.
Equivalents of full-time registered students (for example, a part-time student could represent a fraction of an full-time student).
Subscriptions
Subscriptions are an agreement between the customer and the provider for the access to or use of a service provided under certain terms and
conditions. One customer or subscriber could have one or many different subscriptions for different or similar services.
In a bundle, every included main service subscription counts as 1 subscription.
Example in a B2C use case: for a Triple Play bundle with Mobile, Internet Broadband and IPTV services, 3 subscriptions would be charged
separately
Example in a B2B use case: with a Master Business Agreement every subscription of a related sub contract with an employee would be charged
separately
For any electro mobility service this is an active subscription.
Annual subscriptions are periodic recurring fees that are payable every calendar or fiscal year for the right to use software or services during that
calendar or fiscal year. This fee is payable each calendar or fiscal year whether or not the software or service has been used during that year.
Systems
Connected systems are productive SAP Solution Manager systems connected to the productive systems of SAP Quality Center by HP, Central
Process Scheduling by Redwood, or SAP Productivity Pak by ANCILE.
Decommissioned systems are systems that are retired using SAP NetWeaver Information Lifecycle Management.
Connected logical systems are:
a. Productive systems (SAP or non-SAP) as defined in the SAP Quality Issue Management (SAP QIM) customizing as Remote Function Call
connection.
b. Non-SAP systems, interacting with SAP QIM via available service interfaces.
REMAINING METRICS - T
Terabytes
SAP Confidential
40
Terabytes are the amount of data stored in terabytes in the main database of Sybase IQ Server in whole numbers (fractions must be rounded up). If
the Very Large Database Management option is licensed, it must be licensed to match the size of the entire main database of the Sybase IQ Server.
Testers
Testers are employees working with SAP Quality Center by HP products.
For SAP Test Acceleration and Optimization (SAP TAO) testers are employees using SAP TAO and testing SAP applications enterprise-wide.
Tickets
Tickets are objects (assets) financed in leasing contracts in one calendar year. Based on the value of the leased assets (financed amount), 5
different ticket sizes are defined for SAP Leasing.
For the purpose of determining the size of the tickets following rules apply:
Very big tickets are e.g. ships, power stations, oil platforms, aircrafts, complex IT projects (asset value of > CHF 605,500)
Big tickets are e.g. machines for energy management, high-value cars, custom specific machinery, printing machines, home automation
(asset value of CHF 121,001 - CHF 605,000 ]).
Medium tickets are e.g. trucks, big cars, construction equipment’s and forklifts (asset value of CHF 60,501 - CHF 121,000 ).
Small tickets are e.g. small cars, medical devices, IT equipment (asset value of CHF 6,051 - CHF 60,500).
Very small tickets are e.g. PC, laptops, copy machines, printers (asset value of CHF 0 - CHF 6,050).
Event Tickets are entrance tickets to an event sold for a price > 0 using the SAP Event Ticketing software and stored in the SAP Event Ticketing
database, independent of whether the ticket is printed or dispatched to the customer differently (e.g. electronically), and independent of whether the
ticket is being used or not. This does specifically exclude tickets that are given away for free, e.g. complimentary tickets.
Tonnage
Tonnage produced are tonnage produced on one day.
Tons
Dead weight tons are the amount of weights a ship is carrying or can safely carry per month. For other modes of transportation Dead Weight Tons
correspond to a ton.
Production tons are the production volumes over the period of a year.
Tons of cereals and sugar canes for SAP Agricultural Contract Management are the maximum of the sales or purchasing or processing volume
(e.g. if business would be comprised by purchasing and own production) per year for the following commodities: wheat, corn, rice and sugar cane.
Tons of grains and other major crops for SAP Agricultural Contract Management are the maximum of the sales or purchasing or processing
volume (e.g. if business would be comprised by purchasing and own production) per year for the following commodities: oats, barley, rye, potatoes,
cassava, and soybean.
Tons of oils seeds and oil seed products, meat and dairy, other agricultural crops, raw material and -product for SAP Agricultural
Contract Management are the maximum of the sales or purchasing or processing volume (e.g. if business would be comprised by purchasing and
own production) per year for the following commodities: Tons per year for canola (= commercial rapeseeds), live cattle, feeder cattle, lean hogs, pork
bellies, CME milk, butter, fruits and vegetables, cotton, jute, orange and apple juice, sugar, lumber, tobacco, rubber.
Tons per year for production seeds of wheat, and rice (conventional).
Tons of coffee, tea and cocoa for SAP Agricultural Contract Management are the maximum of the sales or purchasing or processing volume
(e.g. if business would be comprised by purchasing and own production) per year for the following commodities: coffee, tea and cocoa.
Tons of production seeds of soybeans and rice (clear field technology) for SAP Agricultural Contract Management are the maximum of the
sales or purchasing or processing volume (e.g. if business would be comprised by purchasing and own production) per year for production seeds of
soybean, rice (clear field technology).
Tons of production seeds of sugar beet, corn and cotton for SAP Agricultural Contract Management are the maximum of the sales or
purchasing or processing volume (e.g. if business would be comprised by purchasing and own production) per year for production seeds of sugar
beet, corn, cotton.
Tons of production seeds of canola’s for SAP Agricultural Contract Management are the maximum of the sales or purchasing or processing
volume (e.g. if business would be comprised by purchasing and own production) per year for production seeds of canola.
Tons of iron ore, steel and coal for SAP Commodity Sales & Procurement are the sales or purchasing volumes per year for the following
commodities: Iron Ore, steel, coal.
Tons of base metals, cereals and sugar for SAP Commodity Sales & Procurement are the sales or purchasing volumes per year for the
following commodities: tungsten, molybdenum, tantalum, magnesium, cobalt, bismuth, cadmium, titanium, zirconium, antimony, manganese,
SAP Confidential
41
beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium, rhenium, thallium, uranium, pulp, paper, wheat, corn, rice,
sugarcane.
Tons of alu, grains and other major crops for SAP Commodity Sales & Procurement are the sales or purchasing volumes per year for the
following commodities: Aluminum, oats, barley, rye, potatoes, cassava, soybeans.
Tons of non-ferrous base metals for SAP Commodity Sales & Procurement are the sales or purchasing volumes per year for the following
commodities: copper, lead, zinc.
Tons of coffee, oilseeds, meat and dairy for SAP Commodity Sales & Procurement are the sales or purchasing volumes per year for the
following commodities: coffee, rapeseed, canola, sunflower seed, peanuts, oils & fats, oil meal, live cattle, feeder cattle, lean hogs, pork bellies, CME
milk, butter, fruits & vegetables, cotton, jute, orange juice, apple juice concentrate, sugar, lumber, tobacco, rubber.
Tons of for tin, nickel, cocoa and tea for SAP Commodity Sales & Procurement are the sales or purchasing volumes per year for the following
commodities: tin, nickel, cocoa, tea.
Transactions
Transactions are transactions per day processed by the convergent charging system, which are defined as pricing outputs (where one input can
generate one or several pricing outputs)
The amount of transactions per day licensed must be sufficiently large to accommodate for peak load days, i.e. on any given day of the year the
actual transactions per day volume of pricing outputs must be less than or equal to the licensed transactions per day volume.
For Prepaid Telecommunications transactions are pricing or charging outputs for accounts that have paid or were paid in advance for the
services consumed.
For Postpaid Telecommunications transactions are pricing or charging outputs for accounts that will pay or be paid for the services consumed
after invoice or payment statement generation.
Number of transactions stored in SAP HANA is the average number of transactions stored in SAP HANA for the purpose of usage in simulations
per annum. A transaction represents any digital document capturing a service consumption event that can potentially be priced or monetized during
a typical pricing process.
Examples of transactions include (but are not limited to)
A data session on a mobile device
Sending an SMS or MMS
Purchasing an App, Music, Video, e-book or other digital content on an App-store
A voice call session (Peer-to-peer or conference)
Buying a ticket for transport or a movie
Withdrawing funds from an ATM
Sending a package by post
Etc.
The Average Number of Transactions stored in SAP HANA for the purpose of usage in simulations is a count of all transactions in the SAP HANA
database that are accessible to the Convergent Pricing Simulation application during any simulation, and an average of this transaction count over a
period of one year.
Marketing transactions are active campaigns defined within the SAP CRM system plus the number of active Market Development Funds (MDF)
program memberships per year. An active MDF program membership is one in which a partner has submitted at least one MDF initiative request in
that year.
Output transactions are single instances of a business document that is created, processed, printed or manipulated in some way by the products
(e.g. letter, email, PDF, fax, SMS).
Service transactions are tickets/cases, complaints, incidents, service contracts, warranty claims and service orders per business support functional
domain on a yearly base
Transportation Revenue is the annual revenue received from transactions that are processed by SAP Transportation Management (TM) in a year.
Revenue is a positive value for this purpose (i.e. Expenses are not netted against Revenue numbers).
REMAINING METRICS - U
Units
Rental units are rental objects that are managed with SAP Real Estate Management.
Users
Users are individuals who Use the Software.
For SAP Real Estate Management: Users are individuals who manage office, retail and industrial properties and similar portfolios. It is applied
for both, owned and operated space, and includes commercial as well as corporate real estate management.
SAP Confidential
42
For SAP Oil & Gas Secondary Distribution: Users are individuals accessing one or more SAP Oil & Gas Secondary Distribution transaction
codes.
For SAP BusinessObjects Business Intelligence (BI): Users are also known as Named User License (NUL). Each individual end user must be
specifically identified as the sole holder of a NUL. The sharing of the NUL by more than one individual is expressly prohibited. In addition,
NUL(s) may not be transferred from one individual to another unless the original end user no longer requires, and is no longer permitted, access
to the licensed Software. There is no license limit on how many individuals are working concurrently with the Software. There is no license limit
on number of processors or servers used. Named Users are identified at logon and do not consume a Concurrent Session license. Concurrent
Session licenses and NULs can be purchased in combination for a Deployment, but cannot be shared among or between Deployments. This
metric does not replace the overall SAP Named User licensing requirement.
For SAP Enterprise Performance Management (EPM) solutions: Users are individuals Using the Software, including viewers of EPM data. A
viewer is an individual within the organization who consumes EPM data in a report or dashboard, or an individual who consumes data extracted
from an EPM solution for the purpose of offline analysis or viewing reports in related SAP BusinessObjects Business Intelligence applications or
3rd party reporting and analysis applications.
Active users are individuals that perform transactions Using the Software in a given calendar quarter. If the active user is a consumer (i.e. an
individual performing transactions solely on his or her own behalf as an individual, and not in conjunction with his or her employment and/or on
behalf of any other individual(s) and/or entity(ies)), the additional requirement of an SAP Named User license is waived.
BCM (Business Communication Management) multi-channel users are users (agent and/or supervisor) who work in a contact center
environment and handle incoming contacts through multiple communication channels (voice, email and chat) and/or handle outbound campaign
calls and/or use supervisor tools to supervise contact center agents.
BCM (Business Communication Management) personal-telephony users are users who use the system for office telephony only without access
to contact center capabilities.
BCM (Business Communication Management) rapid deployment edition users are users (agents and/or supervisors) who work in a contact
center environment and handle contacts through voice channel only and view predefined communication statistics within a predefined SAP Business
Communications Management Rapid Deployment customer system.
BCM (Business Communication Management) reporting users are users (multi-channel user, voice-only user and personal telephony user) in
the SAP Business Communications Management customer system that are collected for communication statistics.
BCM (Business Communication Management) voice-only users are users (agents) who work in a contact center environment and handle
incoming contacts through voice channel only or handle outbound campaign calls only.
External user identifiers are individuals being external to the Licensees organization (other than employee, contract worker and outsourcer),
whose credentials and/or user information is managed by the functionality of the licensed Package.
Internal user identifiers are individuals working inside the Licensees organization (employee, contract worker and outsourcer), whose credentials
and/or user information is managed by the functionality of the licensed Package.
Licensed users are individuals licensed as one of the SAP Named User types defined in the price list.
Mobile users are users accessing data from DB2 Everyplace Database.
Users, monitored for SAP Access Control are employees, contract workers or other individuals whose credentials, permissions, privileges and/or
other user information will be monitored or evaluated by the Software.
Users, monitored for SAP User Experience Management by Knoa are employees who will be monitored or are authorized to use the reporting
consol.
OGSD users are users working with one or more SAP Oil & Gas Secondary Distribution (OGSD) transaction codes.
Portal users are licensed users with access to a particular deployment of the SAP Portal, including SAP Professional Users, Employee SelfService/Manager Self-Service Users, and External Community Members.
Royal mail users Licensee devices, pieces of equipment, or hardware (e.g. a workstation or terminal, notebook or handheld or otherwise portable
device) connected to a network that stores, accesses, processes, and/or displays data originating in the Royal Mail UK reference file.
VIP users are users accessing SAP Visual Information for Plants by NRX.
Virtual users are users simulated in the software to test the load on the SAP system.
REMAINING METRICS - V
Values
Sales values are the estimated sales values generated in SAP Product Sales and Distribution for Media per year.
Ad sales values are the total estimated values of all advertising sales generated in SAP Advertising Sales for Media per year.
SAP Application Value (SAV) is the sum of list prices for Named Users, External Community Members, (pan-industry and industry specific)
Software Engines and Supplementary Products, excluding those items identified in the list of prices and conditions that do not contribute to the SAP
Application Value.
SAP Maintenance Base Value (SMBV) is herein defined as the total license fees for all of its SAP Software and Third Party Software licensed by
Licensee as are applicable for determining Licensee’s total SAP Support fees for the SAP Software and/o Third Party Software (excluding SAP
SAP Confidential
43
HANA Base Edition, SAP HANA Platform Edition, SAP HANA Enterprise Edition, SAP HANA LREA, SAP HANA LREAB, SAP HANA, db edition for
BW, SAP HANA, RT edition for SAP BW).
Vehicles
Vehicles and serialized vehicle parts are actively managed finished items in one year. In this context finished items are vehicles and major
assemblies like engines, axles, and transmissions.
REMAINING METRICS - W
Warehouses
Warehouses are buildings, rooms, or areas within a factory or places of businesses that are used for storing merchandise, raw materials, or parts
(semi-finished products).
The size of the warehouse is determined by delivery items, for which the following definitions apply.
A delivery items is the individual inbound or outbound delivery line item of the actual delivery for a goods receipt or a goods issue, which may
consist of material, quantity, location specification, put-away or picking date, and batch.
Small warehouses are warehouses with up to 5.000 delivery items per day.
Midsize warehouses are warehouses with 5.001 up to 35.000 delivery items per day.
Large warehouses are warehouses with more than 35.000 delivery items per day.
Web or Internet Presences
Web or Internet Presences designate a target group specific reproduction of content on the internet that is distinct in terms of language, product
range, graphical layout or domains from other internet presences in the SAP hybris system. Content that has been personalized for individual users
(e.g. prices and recommendations) does not constitute a separate internet presence
SAP Confidential
44
Exhibit 3 - Package Restrictions
1
SAP Business Suite and Enterprise Foundation
1.1
Embedded Analytics
Where Licensee holds a valid Package License for any of the below Package(s), such Package License shall include the right for individuals
licensed as SAP Professional or Limited Professional Users under the Agreement to (i) view, interact and refresh Crystal Reports and Dashboards
content embedded with such licensed Package(s) and (ii) Use the SAP BusinessObjects BI Platform, as delivered with such licensed Package(s),
solely to enable the viewing, interacting and refreshing of the Crystal Reports and Dashboards content embedded with such licensed Package(s)
(collectively "Embedded Analytics Limited Use Right"). For avoidance of doubt, any other Use of the licensed Package(s) shall require an SAP
Named User license, and any other Use of the Crystal Reports, Dashboards or BI Platform shall require a full use license for such Software.
Packages That Include Embedded Analytics Limited Use Right:
-
SAP ERP
SAP SCM
SAP Transportation Management
SAP Extended Warehouse Management
SAP SRM
SAP CRM
SAP Environment, Health and Safety
SAP Manufacturing Integration and Intelligence
Licensee may additionally download, install and use the Crystal Reports Viewer for SAP Business Suite Applications to display lists from ABAP List
Viewer (“ALV”) as SAP Crystal Reports at no added cost under the terms and conditions applicable to SAP Business Suite applications.
1.2
Enterprise Foundation. Unlike other Package licenses the SAP ERP Foundation Starter comes with 5 (five) SAP Application Professional
Users in addition to the use rights for the scope of Enterprise Foundation capabilities. Any additionally required Named Users need to be
licensed separately. The license for data destruction in Human Capital Management is included in the ERP license.
1.3
SAP Human Capital Management. Usage of any integration software and content provided with the SAP HCM software and applicable to an
integration between SAP HCM and SuccessFactors’ Business Execution Software (“BizX”) is permitted only with SAP HCM and a valid,
current contract for SuccessFactors BizX.
1.4
Enhancement Packages for Certain SAP Software. The enhancement packages for certain SAP Software may provide new and improved
software functionality. Each SAP enhancement package contains business functions that Licensee can activate separately and independently
from each other. The standard licensing model for SAP also applies to business functions shipped as part of SAP enhancement packages. To
activate business functions, additional licenses may be required. In each of these cases, the respective license needs to be in place prior to
activating and Using the business function. Upon request, SAP account executives can provide additional information about the required
licenses.
2
Enterprise Extensions
Enterprise Extension Packages require licensing of the SAP ERP Foundation Starter.
2.1
SAP Payroll Processing. Payroll Processing for the USA requires partner software that is subject to additional license fees.
2.2
BSI U.S. Payroll Tax Processing. BSI requires licensing of SAP Payroll Processing. Special maintenance agreement required.
2.3
SAP Treasury and Risk Management and SAP Treasury and Risk Management, Public Sector. Use of SAP Treasury and Risk
Management is limited to a maximum of a hundred (100) active, investment-related security classes in the securities area*. In case a larger
number of security classes are required, the Industry Package SAP Investment Management for Insurance and/ or SAP Investment
Controlling for Insurance have to be licensed.
* In the SAP system each security (e.g. stocks) is a class. The class data includes all the structure characteristics of a security. Since the
creation of transactions and the management of positions in the transaction manager are based on product types, each class needs to be
assigned to a product type.
2.4
SAP Environment, Health and Safety (EHS) Management; SAP EHS Management, health and safety; SAP EHS Management,
environmental compliance; SAP EHS Management, product safety; SAP EHS Management, product and REACH compliance. The products
listed above provide a framework to support customers in achieving compliance with certain environment, health and safety regulatory
requirements. This framework needs to be adjusted, configured and/or expanded by the Licensee to meet the specific requirements of the
customer. SAP does not warrant or guarantee regulatory or other compliance. Licensee has the obligation to implement those products in a
manner such that regulatory or other compliance requirements are adequately reflected.
SAP Confidential
45
2.5
SAP Environment, Health and Safety (EHS) Management; SAP EHS Management, health and safety. SAP Named Users are not
required for employees, contractors, and business partner users that interact with the incident management functionality of SAP EHS
Management solely to enter data for initial incident reporting and to provide data for incident investigations. Such data entry may occur
asynchronously (off-line) via the Adobe Interactive Form tool, synchronously (on-line) by direct interaction with the SAP system, or via mobile
devices. This exception applies only to incident management data entry use, and does not apply to any other uses of the incident
management functionality or any other functionality of SAP EHS Management including incident processing, investigation, and performance
and regulatory reporting.
2.6
N.A.
2.7
SAP Management of Change
A named user license is not required for employees, contractors, and business partner users that interact with SAP Management of Change
solely to create a change request. This exception applies only change request creation, and does not apply to the use of any other
functionality of SAP Management of Change including approvals.
2.8
Line Of Business
2.8.1
Event Management
External users accessing SAP Event Management for the strongly restricted set of tasks of viewing of the status / delivery and confirmations of
event messages in Event Management via the Web interface do not require a SAP Named User license.External users are consumers and/or
employees of a business partner of the company licensing SAP Software.
2.8.2
SAP Transportation Management, order management and execution, SAP Transportation Management, planning and optimization, SAP
Transportation Management, transportation charge management, SAP Transportation Management, carrier booking, SAP Transportation
Management, freight tendering.
External users accessing SAP Transportation Management for the explicit and restricted set of tasks of viewing freight contracts, viewing and
updating rate sheets, viewing invoice status and dispute management, viewing shipment order status, viewing carrier booking status, viewing
of route maps, viewing and responding to shipment tenders (request for quotations) do not require a SAP Named User license. This includes
any user necessary for SAP Gateway access. External users are customers and/or employees of a business partner of the company licensing
SAP Software.
2.8.3.
SAP Ext. Warehousing
This license includes the SAP HANA App SAP Labor Demand Planning.
In case that the customer has purchased the DBMS license from SAP (SAP as a reseller for DB2, Oracle etc) together with the SAP Business
Suite license, the DBMS license limits the usage of the DB to the Suite Applications. In this case there is an issue with replicating the data
from DB2/Oracle etc. (running as primary DB of Extended Warehouse Management) to a side-by-side HANA system. This replication is not
covered by the DBMS license. It is mandatory for the Extended Warehouse Management customer to purchase an additional license for his
primary DBMS which runs below of Extended Warehouse Management in case the customer wants to use the included HANA Application for
Labor Demand Planning
2.8.4
SAP hybris
The SAP hybris Packages include rights to view content within the SAP hybris Software without a Named User license. An SAP hybris Cockpit
User must be licensed for any other access to the SAP hybris Software. Business Partners do not require a Named User license.
3
Industry Portfolio
3.1
SAP Upstream Contracts Management for Oil & Gas. Functional support for any local or legal requirements for any of these solution
components is not covered by the standard maintenance agreement. A separate service agreement must be concluded for this purpose.
3.2
SAP Secondary Distribution for Oil & Gas. The license for "SAP Secondary Distribution for Oil & Gas" includes a license of the industry
package " SAP Hydrocarbon Management for Oil & Gas " for up to 25,000 BOEPD sold. For these 25,000 BOEPD sold, customers need to
license at least 4 “SAP Secondary Distribution for Oil & Gas" users per 1000 BOEPD sold (e.g. 10 000 sold BOEPD -> licensing of 40 users
minimum). Licensees selling more than 25,000 BOEPD need to license the industry package " SAP Hydrocarbon Management for Oil & Gas "
separately for the sales volumes above 25,000 BOEPD sold. Refined product volumes are considered as equal to crude oil volumes, e.g. one
barrel of diesel equals one barrel of crude oil.
3.3
SAP Military Data Exchange. SAP Military Data Exchange is not available for all countries, for details please see contact information at
www.sap.com/defense-security
3.4
SAP Customer Financial Information Management for Insurance. For the use within the SAP solutions Policy Management FS-PM,
Claims Management FS-CM, Billing and Payment FS-CD, Incentive Management FS-ICM a separate purchase is not required.
3.5
SAP Social Services Management for Public Sector and SAP Constituent Services for Public Sector. In Public Sector scenarios,
constituents are covered by the respective Package license and do not need to be licensed as a SAP Named User.
3.6
SAP Tax and Revenue Management for Public Sector. External users accessing the above packages for a strongly restricted set of tasks
(include the viewing of documents, change of address, paying of bills and confirmations of delivery and e-filing) do not require a SAP Named
User.
SAP Confidential
46
3.7
SAP Electronic Toll Collection for Public Sector, SAP ERP Billing. External users accessing the above packages for a strongly restricted
set of tasks do not require a user license. These tasks are the viewing of documents, change of address (creation and change of a contract
account), paying of bills (e.g. pre-paid top-up process) and confirmations of delivery.
3.8
SAP Distribution Monitoring for Postal. External users accessing SAP Distribution Management Postal for the strongly restricted set of
tasks of viewing of the status / delivery and confirmations of event messages in Event Management via the Web interface do not require a
SAP Named User license. External users are consumers and/or employees of a business partner of the company licensing SAP Software.
3.9
SAP Convergent Charging for post-paid Telecommunications; SAP Convergent Charging for pre-paid Telecommunications; SAP
Charging and Billing for High Tech; SAP Convergent Charging, version for Toll Collection; SAP Billing for TC; SAP Charging and
Billing for Banking; SAP Convergent Charging for TC. Convergent Charging and Billing Software included in the referenced products is
Used for, or in support of, billing or revenue share calculation for pre-paid telecommunications products, services or systems in the Restricted
Countries or to remotely support prepaid telecommunication systems in the Restricted Countries then Licensee shall be obliged to obtain a
license from Freedom Wireless permitting such Use. The Restricted Countries are Australia, Brazil, Canada, China, Israel, Japan, South
Korea, Mexico and the United States. Failure to obtain a license from Freedom Wireless permitting such use shall void and release SAP from
all related warranties, including without limitation any warranties and/or indemnities with respect to non-infringement of intellectual property
rights to the fullest extent provided by applicable law.
3.10
SAP E-Care Social Connect. Licensee is allowed to use the licensed software only in the context of SAP E-Care Social Connect use cases.
The SAP Software licensed hereunder is not intended for use in the diagnosis, prevention, cure or treatment of a disease or condition. It is
intended to be used by healthcare professionals to plan and provide patient care and clinical support.
3.11
SAP Dealer Business Management for Automotive and SAP Dealer Business Management (advanced functionality) for Automotive
Warranty claims, which are created by Dealer Business Management DBM service orders, sent or received out of the SAP DBM system and
which are not further processed, are covered with the license of SAP Deaer Business Management. In case of extended use of warranty
functionalities this exception is not applicable. Pricing of warranty claims (service requests) will follow the pricing of “SAP Aftersales Support
for Automotive”
3.12
SAP Multichannel Foundation for Utilities
The SAP Multichannel Foundation for Utilities includes a restricted SAP NetWeaver Gateway for Consumer Access license that can solely be
used
(1) as a runtime for SAP Multichannel Foundation for Utilities, and
(2) for customers’ extensions and enhancements to SAP Multichannel Foundation for Utilities
It is mandatory to have all online users represented in the Multichannel user management module. If the customer is using or plans to use a
third party user management application, the customer needs to interface/replicate the online users to the Multichannel user management
module
3.13
SAP Event Ticketing
Exception from Standard Named User requirement:
A If Event Ticketing is used stand-alone (i.e. Licensee has not licensed any other SAP Software, Licensee need not to license SAP Named
Users
B If Event Ticketing is deployed in an environment with other SAP products, Named Users need to be licensed by Licensee according to the
following rules:
(1)For employees of the Licensee exclusively using the system in ticket-selling roles (e.g. box-office sales, call center agent, web shop
user), a SAP Limited Professional User must be licensed by Licensee.
(2)For users who are not employees of the Licensee, and who access the system exclusively in ticket-selling roles, no Named User
needs to be licensed by Licensee.
(3) For any users not covered under (1) or (2), a SAP Professional User needs to be licensed by Licensee.
3.14
SAP hybris
The SAP hybris Packages include rights to view content within the SAP hybris Software without a Named User license. An SAP hybris cockpit
User must be licensed for any other access to the SAP hybris Software. Business Partners do not require a Named User license.
4.
Third Party Reselling
4.1.
SAP Mobile Order Management by PROLOGA
A user is not required if the access to the backend system is handled through the component SAP Mobile Order Management by PROLOGA.
In all other cases a Named User is required
5.
SAP NetWeaver
Adapters are only available with a SAP NetWeaver PI license and are licensed for a defined release of a backend system or protocol.
Maintenance for adapters covers the support of connectivity to a backend system or compliance to a protocol specification at that given
release at the time of licensing. It is within SAP’s sole discretion to extend the use rights of an adapter (either partly or fully) to a higher release
of the respective backend system or protocol. This applies to change of version of protocols as well.
SAP Confidential
47
5.1
SAP NetWeaver Process Integration (PI). SAP NetWeaver Process Integration may be used by Licensee to integrate Licensee’s SAP
applications including SAP Cloud Solutions as part of an application-specific runtime license of SAP NetWeaver Foundation. For any other use
(e.g. integration into 3rd party applications or non-SAP Applications), SAP NetWeaver Process Integration needs to be licensed separately.
5.2
SAP NetWeaver Process Integration (PI) Adapters. The adapters listed here are available free of charge with the SAP NetWeaver PI or
SAP Netweaver Process Orchestration license: CICS Adapter by iWay, TMS/IMS Adapter by iWay, ORACLE Adapter by iWay, PeopleSoft
Adapter by iWay, Siebel Adapter by iWay, SAP NetWeaver Adapter for IDOCs, SAP NetWeaver Adapter for RFCs, SAP NetWeaver Adapter
for File/FTP, SAP NetWeaver Adapter for Http(s), SAP NetWeaver Adapter for SOAP, SAP NetWeaver Adapter for JMS, SAP NetWeaver
Adapter for JDBC, SAP NetWeaver Adapter for Mail Protocols (pop, imap, smtp), SAP NetWeaver Adapter for SAP BC Protocol. Secure File
Transfer Protocol adapter (SFTP) and Pretty Good Privacy adapter module (PGP).
5.3
SAP NetWeaver OpenHub. With this license, data may be exported out of the licensed SAP NetWeaver BW into non-SAP software
applications in an asynchronous, non real-time manner. Once data is asynchronously extracted to non-SAP software, there are no additional
license fees required .for SAP Software or SAP Named Users. For the purposes of this Section 4.3 “asynchronous extraction” means
downloading data in bulk (i.e., not in response to a real-time Named User or system-generated reporting query) for analytical purposes.
5.4
Planning Application Kit. A license is required for either SAP BusinessObjects Planning, version for SAP NetWeaver or SAP
BusinessObjects Planning and Consolidation, version for SAP NetWeaver whenever the Planning Applications Kit is Used to develop planning
applications that leverage in-memory processing of core planning functions.
5.5
SAP NetWeaver BeXBroadcaster. Broadcasting recipients accessing SAP solutions or their respective components need to be licensed for
such solutions. SAP NetWeaver BeX Broadcaster, provides Licensees with the ability to broadcast SAP NetWeaver BW information (e.g. BeX
reports, BeX Queries and BeX workbooks) to support the distribution of mass information to large audiences in a personalized and secure
manner.
5.6
SAP NetWeaver Business Warehouse Accelerator. Certain hardware restrictions may apply – details are available upon request.
5.7
SAP NetWeaver Enterprise Search. Certain hardware restrictions may apply – details are available upon request.
5.8
SAP NetWeaver Master Data Management, product and other data. SAP NetWeaver Master Data Management, product and other data
includes the license rights of SAP NetWeaver Master Data Management, printing and Product Content Management (PCM).
5.9
SAP NetWeaver Master Data Management. SAP NetWeaver MDM, global data synchronization is not included into the scope of SAP
Enterprise Master Data Management. For all Enterprise Master Data Management scenarios based on SAP NetWeaver Master Data
Management products, a SAP Professional Named User license is required for users maintaining MDM data. In an Enterprise Master Data
Management scenario, there is no named user license requirement for users reading/viewing and/or browsing MDM data. This includes, but is
not limited to a business user using a search application to identify a record in the MDM repository or catalog users accessing a web catalog.
For all embedded master data management scenarios based on SAP Master Data Governance products the appropriate Named User is
required.
5.10
SAP Enterprise Master Data Management, information stewardship option. The SAP Enterprise Master Data Management,
information stewardship option license allows Licensee to use DataServices (including DQM) and Information Steward within Master Data
Management and Master Data Governance use cases only. A Master Data Management use case is defined as a scenario where data is
cleansed, de-duplicated and loaded via Data Services into SAP NetWeaver Master Data Mangement (MDM) or SAP Master Data Governance
(MDG). Data is distributed from SAP NetWeaver Master Data Management, or SAP Master Data Governance to downstream systems via
SAP DataServices. SAP DataServices is used for data management within the Master Data Management repository of SAP NetWeaver
Master Data Management or SAP Master Data Governance.
SAP Enterprise Master Data Management, information stewardship option can be acquired and used in combination with SAP NetWeaver
Master Data Management, SAP Master Data Governance or SAP Enterprise Master Data Management. Standard named user policy
exceptions from these price list items apply also to" SAP Enterprise Master Data Management, data quality option.
For all Master Data Management scenarios based on SAP Master Data Governance products, a SAP Professional Named User license is
required for users maintaining MDM data. A SAP Limited Professional Named User license is required for users with read only access to data.
For all Enterprise Master Data Management scenarios based on SAP NetWeaver Master Data Management products, a SAP Professional
Named User license is required for users maintaining MDM data. In an Enterprise Master Data Management scenario, there is no named user
license requirement for users simply viewing or browsing MDM data. This includes, but is not limited to
•
•
•
a line of business user using a search application to identify a golden record in the MDM repository
catalog users accessing a web catalog
a web application accessing the MDM repository via services to read clean master data.
Since MDG may be deployed at ERP/ECC and share the same persistency layer it’s critical to distinguish active and inactive records. The
license only assumes charging for the former and the latter may come in a few flavors:
•
•
•
•
If an object is marked for deletion in ERP/ECC before MDG is deployed then it is considered inactive and not counted for the license
blocks.(Calculation of right to Use)
If an object is marked for deletion in ERP/ECC after MDG is deployed then it is considered active and counted for the license blocks
(Calculation of right to Use).
If a customer developed a custom solution for the “other” domain and loads some data to MDG then prior to loading the customer should
create a definition of inactive records and specify what field(s) mark such records. The marked for deletion objects are not counted for the
license blocks (Calculation of right to Use). If there is no such a definition then all the objects are considered active.
If an object is physically deleted from MDG or archived then it is not counted for the license blocks (Calculation of right to Use)
SAP Confidential
48
5.11
SAP NetWeaver Identity Management for employees and SAP NetWeaver Identity Management for non-employees. SAP NetWeaver
Identity Management may be used by Licensee to integrate Licensee’s SAP applications as part of an application-specific runtime license of
SAP NetWeaver Foundation. For any other use (e.g. Integration into 3rd party applications or non-SAP applications), SAP NetWeaver Identity
Management needs to be licensed.
5.12
SAP NetWeaver Foundation for Third Party Applications. Customers must decide the first time they purchase or license a SAP NetWeaver
Foundation for Third Party Applications license which model (user-based or Core-based) they choose. Switching or mixing Core-based and
user-based licensing for SAP NetWeaver Foundation for Third Party Applications is not permitted.
5.13
SAP NetWeaver Portal, enterprise workspaces. SAP NetWeaver Portal enterprise workspaces include the runtime rights of SAP
NetWeaver Enterprise Portal. In case SAP NetWeaver Portal enterprise workspaces are used standalone without access to any SAP
application SAP Named Users licenses are not required.
5.14
Duet Enterprise. Duet Enterprise is delivered with a limited number of Duet Enterprise Starter Services specified in the Documentation and
at: https://websmp105.sap-ag.de/~sapdownload/011000358700001307052011E/Duet_Enterprise_Services.pdf. SAP Platform Standard Users
may access Duet Enterprise Starter Services provided (i) Licensee has licensed the package license for Duet Enterprise; and (ii) Duet
Enterprise Starter Services are accessed solely through Microsoft SharePoint leveraging Duet Enterprise. Any use of Duet Enterprise beyond
the Duet Enterprise Starter Services requires Licensee to license the applicable SAP Named User type and category. In addition, Licensee is
also licensed to use SAP NetWeaver Gateway but only via MS Sharepoint, MS Office and/or Duet Enterprise for the sole purpose of
performing Duet Enterprise functions.
5.15
SAP NetWeaver Process Orchestration. SAP NetWeaver Process Orchestration includes the rights to use SAP NetWeaver Process
Integration (PI), SAP NetWeaver Business Process Management (BPM) and SAP NetWeaver Business Rules Management (BRM). SAP
NetWeaver Process Orchestration includes a restricted runtime license of SAP NetWeaver Foundation for Third Party Applications to be used
only in conjunction with SAP NetWeaver PI, BPM, and/or BRM.
5.16
SAP NetWeaver Single Sign-On Internal User and SAP NetWeaver Single Sign-On External User. Users performing developer or
administrative functions require a Named User license in addition to the Package License for the Software.
5.17
SAP NetWeaver Landscape Virtualization Management, enterprise edition. Licenses for LVM instances are not permanently assigned to
a specific LVM instance, but can be pooled allowing them to be assigned and unassigned to LVM instances as necessary based on the
applications being managed by SAP NetWeaver Landscape Virtualization Management. Licenses for the copy/refresh option must be
assigned to a specific SAP system/application (e.g. ECC, CRM, SRM, etc.), and can only be reassigned to a different system/application once
in a 12 month period. Licensee acknowledges and agrees that it is Licensee’s responsibility to ensure that it has all necessary third party
license rights required to clone and/or copy an environment using this software, and Licensee has obtained and will maintain all such license
rights necessary to use the functionality described herein, including without limitation the license right to operate the target system landscape
after cloning and/or copying. Without limiting the materiality of other provisions of the Software Agreement, the parties agree that any violation
by Licensee of third party license rights in this respect will be a material breach of the Software Agreement.
5.18
SAP Visual Business. All standard SAP products include a limited license for the Licensee to use SAP Visual Business subject to the
following restriction: The Licensee may not modify use cases delivered by SAP, or view or create use cases not delivered by SAP standard
applications, unless Licensee has expressly licensed SAP Visual Business. (note SAP Visual Business Interface is licensed via SAP
NetWeaver).
5.19
SAP NetWeaver Foundation. An application-specific runtime license of SAP NetWeaver Foundation is included with all Package licenses
provided that SAP NetWeaver is delivered with the software. This runtime license permits the Licensee to use the capabilities of SAP
NetWeaver Foundation with the respective licensed SAP Application as well as with Licensee's Modifications to the licensed SAP Application.
The application-specific runtime license does not permit the use of SAP NetWeaver with other SAP Applications or 3rd party applications. Use
of SAP NetWeaver in conjunction with the application-specific runtime license requires the respective SAP Named User license.
6.
SAP BusinessObjects
6.1
SAP BusinessObjects (BA&T License Model)
6.1.1
SAP BusinessObjects Business Intelligence
There are two ways to license SAP BusinessObjects Business Intelligence:
(1)
BA&T SAP BusinessObjects Business Intelligence Suite ” BI Suite” includes the SAP BusinessObjects BI platform along with the following
engines: the Business Intelligence Mobile Add-on, BA&T SAP BusinessObjects Crystal Reports, BA&T SAP BusinessObjects Web
Intelligence, BA&T SAP BusinessObjects Dashboard, BA&T SAP BusinessObjects Explorer, BA&T SAP BusinessObjects Analysis edition
for Microsoft Office, SAP Lumira , and BA&T SAP BusinessObjects Analysis edition for OLAP . The BI Suite Package engines include
rights to view content for the BI clients identified above. The BI Suite Package includes runtime license to use the SAP BusinessObjects BI
Semantic Layer RESTful Web Service SDK (“BI SDK”) solely for the purposes of accessing semantic data.
(2) Component (non-Suite) model. The SAP BusinessObjects Business Intelligence products that comprise the SAP BusinessObjects
Business Intelligence Suite can be purchased separately via a component model if preferred. Each of the following (the “Client Engines”)
can be purchased individually: the SAP BusinessObjects BI platform, the Mobile engine, the Crystal Reports engine, the Web Intelligence
engine, the Dashboards engine, the Explorer engine, the Analysis, for Microsoft Office engine, and the Analysis, for OLAP engine. The
engines include rights to view content for the BI clients identified above that have been explicitly purchased. The BI platform includes
SAP Confidential
49
runtime license to use the SAP BusinessObjects BI Semantic Layer RESTful Web Service SDK (“BI SDK”) solely for the purposes of
accessing semantic data.
For a single Deployment of SAP BusinessObjects BI platform, either the SAP BusinessObjects Business Intelligence Suite model or the
Component Model must be used. They cannot both be used in a single Deployment of SAP BusinessObjects BI platform.
Author/Designer Licenses are available in two ways:
(a)
SAP Application Business Analytics Professional User
(b)
SAP Application BI Limited User
Both the SAP BusinessObjects Business Intelligence Suite and the Component models can be licensed using either the Concurrent Session
license metric or the Named User (NUL) license metric.
If purchased using the Component (non-Suite) Model, the Client Engines must be licensed using the same metric (NUL or Concurrent
Sessions) as the BI Platform and cannot exceed the number of licenses for the BI Platform using the same license metric.
Oracle OLAP Data Provider for SAP BusinessObjects BI (OODP). Licensee’s license rights for the BI Suite or BI components include a runtime
license for the OODP. Licensee’s Use of the OODP Runtime Software is limited solely to connecting SAP BusinessObjects BI software both
directly and indirectly to Oracle OLAP Data. It cannot be used to provide data to non-SAP products or those outside the BI and Predictive
Analysis portfolio.
6.1.1.1
SAP BusinessObjects Business Intelligence, version for SAP applications
SAP BusinessObjects Business Intelligence, version for SAP applications (“BI for SAP Apps”) includes the SAP BusinessObjects BI platform
along with the following Runtime Software
Business Intelligence Mobile Add-on,
BA&T SAP BusinessObjects Crystal Reports,
BA&T SAP BusinessObjects Web Intelligence,
BA&T SAP BusinessObjects Dashboard,
BA&T SAP BusinessObjects Explorer,
BA&T SAP BusinessObjects Analysis edition for Microsoft Office,
SAP Lumira, and
BA&T SAP BusinessObjects Analysis edition for OLAP.
The BI for SAP Apps engine includes rights to view content for the BI clients identified above and is limited to use with licensed SAP Software.
The BI for SAP Apps Package includes runtime license to use the SAP BusinessObjects BI Semantic Layer RESTful Web Service SDK (“BI
SDK”) solely for the purposes of accessing semantic data. The BI for SAP Apps Package cannot be Used on the same Deployment as any
other SAP BusinessObjects BI Software licensed by Licensee.
6.1.2
Dashboard and Visualization
6.1.2.1
SAP BusinessObjects Dashboards software
If you refresh, publish, push or otherwise change data contained in any Dashboards generated SWF file (or SWF file exported to other
supported file formats (e.g., PDF, AIR, PPT)), you must have rights to a Dashboards Author/Design License.
6.1.3
BA&T SAP Business Objects Explorer accelerated package
The SAP BusinessObjects Explorer package is intended to support a limited use scenario of search and exploration with SAP BusinessObjects
Business Intelligence against both in-memory (accelerated) data sources and traditional data sources. The SAP BusinessObjects Explorer
Package includes the rights to use Explorer in the following scenarios (1) search and exploration against data via the SAP BusinessObjects
semantic layer associated with this license, (2) search and exploration against data resident in accelerated data sources and (3) search and
exploration against data contained within Excel or .csv files.
The BA & T SAP BusinessObjects Explorer accelerated package is comprised of:
1.
SAP BusinessObjects Explorer engine
2.
SAP BusinessObjects BI platform (to be used only to support SAP BusinessObjects Explorer)
a. SAP BusinessObjects BI platform. Licensee is licensed to use only the following features of the SAP BusinessObjects BI platform: (a)
Central Management Console (CMC), (b) third party authentication, (c) exploration of in-memory-based indexes with Explorer, (d)
Central configuration Manager, (e) information design tool, (f) Translation Manager, (g) Lifecycle Management tool, (h) Upgrade
Management tool, (i) BI launch pad
3.
SAP Data Integrator. Use is limited as follows:
a. Data Integrator and BusinessObjects BI platform may only be used in conjunction with SAP BusinessObjects Explorer package.
b. Data Integrator may not be installed on the same blade as the SAP NetWeaver BWA blade or other data platforms.
c.
Data Integrator may not be used for standalone ETL (extract, transform and load) projects.
License rights do not include SAP BusinessObjects Mobile engine or specific in-memory platforms (which must be licensed separately).
SAP Confidential
50
6.1.4
SAP BusinessObjects BI Platform/BI Suite Analytics Edition
SAP BusinessObjects BI Platform/BI Suite analytics edition includes the following Runtime Software: (i) Sybase IQ which can be deployed on
multiple instances, so long as total number of cores deployed across all instances does not exceed 32 cores, (ii) Data Integrator (DI) which
may be deployed on multiple instances, so long as total number of cores deployed across all instances does not exceed 8 Cores, and the DI
instances are not clustered and (iii) one (1) User license of SAP Sybase PowerDesigner DataArchitect/DM.
Use of Data Integrator runtime (i) does not include Text Data Processing and (ii) is limited to connection to and leverage of any existing CMS
repositories residing on a separate server in the customer’s landscape solely to load data from any data source but only into the Sybase IQ
runtime.
Use of Sybase IQ Runtime Software is limited to access by and through SAP BusinessObjects BI Platform/BI Suite.
SAP BusinessObjects BI Platform/BI Suite analytics edition includes runtime license to use the SAP BusinessObjects BI Semantic Layer
RESTful Web Service SDK (“BI SDK”) solely for the purposes of accessing semantic data.
6.1.5
SAP BusinessObjects E-Care Data Connect
Licensee is allowed to use the licensed software only in the context with the included database model.
The SAP Software licensed hereunder is not intended for use in the diagnosis, prevention, cure or treatment of a disease or condition. It is
intended to be used by healthcare professionals to plan and provide patient care and clinical support.
6.1.6
SAP InfiniteInsight
Licensee may extract data from any data source into the licensed SAP InfiniteInsight component(s) and/or push data out of the licensed SAP
InfiniteInsight component(s) into any licensed data source. An additional SAP Named User license will not be required solely for the one-way
extraction of data into the licensed SAP InfiniteInsight component(s) where the data source is SAP Software and/or Third Party Software
licensed from SAP.
6.1.7
SAP Enterprise Information Management Solutions
6.1.7.1
SAP Enterprise Information Management (EIM) Packages
The total number of Cores licensed represents the maximum total cumulative Cores on which all of the Software included in the EIM packages
may be installed and Used Directories are not included and must be licensed separately.
6.1.8
SAP Data Services, SAP Data Integrator, and SAP Data Quality Management software
Directories are not included and must be licensed separately.
6.1.8.1
SAP Data Services
The total number of Cores licensed represents the maximum total cumulative Cores on which all of the Software included in SAP Data
Services may be installed and Used. Data Services includes a restricted runtime license for 4 Core licenses of SAP Information Steward as
Runtime Software. Use of such SAP Information Steward Runtime Software is limited to Cleansing Package Builder and the Basic and
Advanced Profiling capabilities.
6.1.8.2
SAP Data Quality Management
Services may be installed and Used. Data Quality Management includes a restricted runtime license for 4 Core licenses of SAP Information
Steward as Runtime Software. Use of such SAP Information Steward Runtime Software is limited to Cleansing Package Builder and the Basic
and Advanced Profiling capabilities.
6.1.8.3
SAP Data Quality Management (“DQM”) SDK
A license to Data Quality Management SDK may be acquired in two configurations as follows: (1) a stand-alone or non-bundled configuration
(“DQM SDK Non-Bundled Configuration”) and (2) bundled with Core Metric licenses to Data Services and/or DQM Premium (“DQM SDK
Bundled Configuration”). If acquired in the DQM SDK Non-Bundled Configuration, then a license to DQM SDK is provided as a Server License.
If acquired in the DQM SDK Bundled Configuration, then licenses to DQM SDK are included as part of the Core Metric licenses of Data
Services and/or DQM Premium licensed by Licensee, such that a subset of the number of such Core licenses licensed by Licensee may be
used to solely run DQM SDK, provided that the aggregate number of licenses deployed for DQM SDK and Data Services and DQM Premium
must not exceed the total of Data Services and DQM Premium licenses acquired. For example, if Licensee has in the aggregate licensed six
Core licenses of Data Services and/or DQM Premium, then Licensee may use two Core licenses to run DQM SDK and the remaining 4 Core
licenses to run Data Services and/or DQM Premium; or Licensee may use three Core licenses to run DQM SDK and the remaining 3 Core
licenses to run Data Services and/or DQM Premium; or Licensee may use all six Core licenses to run DQM SDK.
6.1.8.4
SAP Data Quality Management software, version for SAP Solutions
When licensing SAP Data Quality Management, version for SAP Solutions, the data quality functions must be used solely with activities
initiated within the SAP applications. When licensed this way, the use of data quality functions for purposes outside the application it was
licensed for is strictly prohibited. A separate license of SAP Data Quality Management or SAP Data Services must be licensed if the use of
SAP Confidential
51
data quality functions is required outside of the SAP application. Deployment of this license means Licensee has the ability to spread the
licensed number of Core’s across a single or multiple servers as long as the total number of Core’s used across the servers add up to the
amount of Cores Licensee is licensed for.
6.1.8.5
SAP Information Steward
The total number of Cores licensed represents the maximum total cumulative Cores on which all of the Software included in SAP Information
Steward may be installed and Used.
6.1.8.6
Data quality package for SAP CRM
Use of all of the Software included in data quality package for SAP CRM is limited to data in a single target SAP CRM system. Directories are
not included and must be licensed separately.
6.1.8.7
SAP Data Services, accurate processes option
Services, accurate processes option may be installed and Used. Use of all of the Software included in SAP Data Services, accurate processes
option is limited to data loading into and Used within a single SAP application.
6.1.8.8
SAP Data Services, enterprise edition
Services, enterprise edition may be installed and Used. SAP Data Services, enterprise edition includes ten (10) Concurrent Sessions of SAP
Sybase PowerDesigner EnterpriseArchitect, and SAP Sybase Replication Server that may be deployed on a separate server with a maximum
of two (2) Cores.
6.1.8.9
SAP Data Services, accurate analytics option
Services, accurate analytics option may be installed and Used. Use of all of the Software included in SAP Data Services, accurate analytics
option is limited to data loading into and Used within one specified target system.
6.1.9
SAP Rapid Marts Products
When licensing SAP Rapid Marts, a license for SAP Data Integrator or SAP Data Services must also be obtained. If SAP Rapid Marts is
licensed with SAP Data Integrator or Data Services, an individual SAP Rapid Marts license must be obtained for each SAP Data Integrator or
Data Services license. Copying one SAP Rapid Marts license and then deploying it to other instances is prohibited.
6.1.10
not applicable
6.1.11
SAP Data Migration, Perpetual Package
SAP Data Migration, Perpetual Package may only be deployed on a single server having a maximum of 8 Cores. SAP Data Migration,
Perpetual Package may only be used in conjunction with a single target system instance where the system ID of the target system is provided
in writing to SAP at the beginning of the Licensee’s implementation project.
6.1.12
SAP Enterprise Performance Management
Use of SAP BusinessObjects Enterprise included with applicable SAP Enterprise Performance Management packages is limited solely to the
following features: (a) use of the Central Management Server (“CMS”) to authenticate and/or authorize users for the applications; (b) use of
the Central Management Console (“CMC”) to administer user rights and privileges as they pertain to the applications.
6.1.12.1 SAP Financial Consolidation. Use of SAP BusinessObjects BI Platform included with SAP Financial Consolidation is limited solely to the
following features: (a) use of the Central Management Server (“CMS”) to authenticate and/or authorize users for the applications listed above;
(b) use of the Central Management Console (“CMC”) to administer user rights and privileges as they pertain to the application and (c) use of
Infoview to navigate and launch Analyzer workspaces. SAP Financial Consolidation includes a limited runtime license for SAP Intercompany to
be used only in conjunction with SAP Financial Consolidation.
6.1.12.2 SAP Business Planning and Consolidation. SAP Business Planning and Consolidation includes a limited runtime license for SAP
Intercompany to be used only in conjunction with SAP Business Planning and Consolidation.
6.1.12.3 SAP Business Planning and Consolidation, Llicense for Consolidation Only. SAP Business Planning and Consolidation, License for
Consolidation Only includes a limited runtime license for SAP Intercompany to be used only in conjunction with SAP Business Planning and
Consolidation, License for Consolidation Only. SAP Business Planning and Consolidation, License for Consolidation Only may be used solely
for the calculation and reporting of the consolidated financial results of a group of companies or for separate financial statement reporting
where the application is being used to calculate and report investments at equity, applying generally accepted accounting concepts related to
accounting for business combinations and / or equity accounting for investments. For the avoidance of doubt, the creation and calculation of
budget, plan, or forecast data (forward looking data) is not permitted.
6.1.12.4 SAP Business Planning and Consolidation, License for Business Planning Only. SAP Business Planning and Consolidation, License for
Business Planning Only may be used solely for the creation and calculation of budget, plan, or forecast data (forward looking data). For the
avoidance of doubt, the calculation and reporting of the consolidated financial results of a group of companies or for separate financial
statement reporting where the application is being used to calculate and report investments at equity, applying generally accepted accounting
concepts related to accounting for business combinations and / or equity accounting for investments is not permitted.
6.1.13
SAP Financial Information Management
SAP Confidential
52
When licensing SAP Financial Information Management, SAP Data Integrator may be Used:
solely with certain licensed SAP BusinessObjects solutions for SME, SAP analytic applications, SAP NetWeaver BW and SAP EPM
On-Demand , together with certain licensed SAP EPM applications, which is specified and used in accordance with the
Documentation; and
solely for use with SAP Financial Information Management.
SAP Financial Information Management is to be licensed whenever data integration with third party systems is required with the exception of
use cases involving SAP EPM On-Demand, where no license is needed.
Limited functionality of Financial Information Management for which Licensee does not hold a license (“FIM Runtime Software”) may be utilized
by certain licensed SAP Software as described in the Documentation. Until Licensee has expressly licensed the FIM Runtime Software,
Licensee’s use of the FIM Runtime Software is limited to access by and through the licensed SAP Software for the sole purpose of enabling
performance of the licensed SAP Software and integrating data from licensed SAP Software as specified in the Documentation.
6.1.14
SAP Electronic Invoicing for Brazil (Nota Fiscal Electronica)
SAP Electronic Invoicing for Brazil – Outbound and Inbound (Nota Fiscal Electronica – Outbound or Inbound) includes a runtime license SAP
PI.
6.1.15
SAP Governance, Risk and Compliance Solutions.
SAP Governance, Risk and Compliance (GRC) solutions may utilize limited functionality of Xcelsius Enterprise and Crystal Reports for which
Licensee does not hold a license (“Reporting Runtime Software”). Until Licensee has expressly licensed the Reporting Runtime Software,
Licensee’s use of such Reporting Runtime Software is limited to access by and through GRC, and any permitted Modifications thereto for the
sole purpose of enabling performance of GRC. The Reporting Runtime Software may only be used by licensed SAP Named Users for GRC.
Licensee is not licensed to use any Crystal Reports components for .Net application development.
When licensing SAP Process Control or SAP Risk Management, Licensee’s employees and/or third parties who only receive policy
distributions and respond to policy surveys, quizzes, and/or acknowledgements do not require licenses for the Software or SAP Named User
licenses provided that such responses do not activate processing capabilities of the Software. For avoidance of doubt, such access does not
include creating, reviewing, approving, or issuing these policies or related policy surveys, nor does it allow review of responses.
6.1.15.1 SAP Access Control, starter edition
Use of SAP Access Control, starter edition is limited to the measuring, monitoring and reporting of access risks; and administering and
reporting of superuser access.
6.1.16
SAP BusinessObjects solutions for SME
6.1.16.1 SAP BusinessObjects BI Edge edition and Edge edition with data integration and Edge edition with data management (Edge BI)
Each deployment of Edge BI is limited to a single server. SAP Edge BI licensed by Users has a limit of 250 users per server. Edge BI includes
publishing up to 1000 Recipients. Edge BI includes one (1) SAP Business Analytics Professional user license and nine (9) SAP BI Limited user
licenses for each block of 10 users or 5 Concurrent Sessions licensed exclusively for the use of SAP Edge BI. SAP Edge BI licensed on a
Concurrent Session License basis shall not exceed 50 Concurrent Sessions in a single deployment. After licensee acquired Concurrent
Session packages, Licensee may license add-on user licenses of SAP Edge BI in the same quantity as the number of Concurrent Session
Licenses. Edge BI includes runtime license to use the SAP BusinessObjects BI Semantic Layer RESTful Web Service SDK (“BI SDK”) solely
for the purposes of accessing semantic data.
6.1.16.2 SAP BusinessObjects BI, Edge edition with data management
SAP Data Services, Edge edition delivered with SAP BusinessObjects Edge BI may only be deployed on a single server (up to 250 named
users or 50 Concurrent Sessions) and must be deployed either (a) on the same server where the corresponding SAP BusinessObjects Edge
BI product is deployed, or (b) on a separate server having up to 6 Cores. SAP Data Services, Edge edition may only be used in conjunction
with SAP BusinessObjects Edge BI and may not be used on a stand-alone basis. Licensee shall only be permitted to use up to two database
types under the database interfaces and shall only be permitted one target datastore.
6.1.16.3 SAP BusinessObjects BI, Edge edition with data integration
SAP Data Integrator, Edge edition delivered with SAP BusinessObjects Edge BI may only be deployed on a single server (up to 250 named
users or 50 Concurrent Sessions) and must be deployed either (a) on the same server where the corresponding SAP BusinessObjects Edge
BI product is deployed, or (b) on a separate server having up to 6 Cores. SAP Data Integrator, Edge edition may only be used in conjunction
types under the database interfaces and shall only be permitted one target datastore. When SAP Data Integrator, Edge edition is used with
SAP Rapid Marts, Edge edition, it may be deployed on a server with up to 10 Cores.
6.1.16.4 SAP Data Services Edge Edtion, SAP Information Steward Edge edition, SAP Data Integrator Edge edition, and SAP Data Quality
Management Edge edition (Edge EIM Solutions)
Services Edge edition may be installed and Used. SAP Data Services Edge edition and SAP Data Quality Management Edge edition include a
restricted runtime license of SAP Information Steward Edge edition as Runtime Software. Use of such SAP Information Steward Edge edition
Runtime Software is limited to Cleansing Package Builder and the Basic and Advanced Profiling capabilities. Directories are not included in
any of the Edge EIM Solutions and must be licensed separately. Each deployment of any of the Edge SAP EIM Solutions is limited to a single
SAP Confidential
53
server, with a minimum of 4 Cores and a maximum of 8 Cores. All SAP Edge EIM solutions include the SAP Business Analytics Professional
User license exclusively for the use of the applicable SAP Edge EIM Solutions, and do not require additional SAP Application Named Users.
6.1.16.5 SAP Rapid Marts Edge edition
When licensing the SAP Edge Rapid Marts Edge edition Product, a license for SAP BusinessObjects BI, Edge edition with Data Integration or
SAP BusinessObjects BI, Edge edition with Data Management must also be obtained. SAP Rapid Marts Edge edition may only be deployed on
a single server and must be deployed either (a) on the same server where the corresponding SAP BusinessObjects Edge BI product is
deployed, or (b) on a separate server with up to 8 Cores. SAP Rapid Marts Edge edition can only be used in conjunction with SAP
BusinessObjects Edge BI. Copying one SAP Rapid Marts Edge edition license and then deploying it to other instances is prohibited. Each SAP
Rapid Mart Edge edition includes the related Application Interface license
6.1.16.6 SAP Planning and Consolidation Edge edition
The licensing of the SAP Planning and Consolidation Edge edition is restricted to 70 users maximum on a single server,
6.1.16.7 SAP Strategy Management Edge edition
License limitation: Maximum deployment of single application server only and not more than 70 users. Each deployment is limited to 25
contexts and 25 data models.
6.1.16.8 SAP Disclosure Management Edge edition
SAP Disclosure Management Edge edition may only be deployed on a single application server in a production environment and used by no
more than five Named Users. Use of the custom workflow and e-mail functionality of the Software is not permitted. Not more than 100 Filings
may be licensed by each Licensee.
6.1.16.9 SAP BusinessObjects BI, Edge analytics edition (BI Edge)
SAP BusinessObjects BI, Edge analytics edition (BI Edge) has maximum limits of 250 named users or 50 Concurrent Sessions on a single
server. The license includes the following Runtime Software: (i) Sybase IQ, (ii) SAP Data Services, Edge edition, both of which may be
deployed on the same server as the SAP BI Edge platform, or on a separate server up to a maximum of sixteen (16) cores in the case of
Sybase IQ or a maximum of six (6) Cores in the case of SAP Data Services, Edge edition and (iii) one (1) User license of SAP Sybase
PowerDesigner DataArchitect/DM. SAP BI Edge includes one (1) SAP Business Analytics Professional Named User license and nine (9) SAP
BI Limited Named User licenses for each block of 10 users or 5 Concurrent Sessions licensed exclusively for the use of SAP BI Edge.
Use of the Runtime Software is limited to the following: SAP Data Services, Edge edition (including SAP Data Quality Management, SAP Data
Integrator and Text Data Processing) can connect to and leverage any existing CMS repositories residing on a separate server in the
customer’s landscape but may only load data or cleanse data being loaded into the included Sybase IQ runtime, from any number of SAP data
sources, and up to two database types under the database interfaces.
Use of Sybase IQ Runtime Software is limited to access by and through the SAP BI Edge platform.
SAP BusinessObjects BI, Edge analytics edition includes runtime license to use the SAP BusinessObjects BI Semantic Layer RESTful Web
Service SDK (“BI SDK”) solely for the purposes of accessing semantic data.
6.1.17
SAP analytic solutions
Limited License: Use of the SAP analytic solution (“BA Solutions”), and any SAP software licensed as part of the BA Solution (“BA software”),
is limited to the BA Solution specific purpose (“Purpose”).
BA software: SAP may offer BA software contained in the BA Solution also as a separate SAP software product on the SAP list of prices and
conditions. Terms and conditions for, and functionality of BA Software may be different from the separate SAP software product. Additional
functionality of such SAP software product may be subject to a separate Software Agreement and additional license fees.
6.1.18
SAP Enterprise Risk Reporting for Banking.
Use of this Software is limited to measuring and monitoring enterprise risk for Licensee’s banking operations. Use of SAP BusinessObjects
Enterprise included with SAP BA&T Enterprise Risk Reporting for Banking package is limited solely to the following features: (a) use of the
Central Management Server (“CMS”) to authenticate and/or authorize users for the applications; (b) use of the Central Management Console
(“CMC”) to administer user rights and privileges as they pertain to the applications.
6.1.19
SAP Trade Promotion Effectiveness Analysis
Use of this Software is limited to performing analysis on trade promotion effectiveness.
6.1.20
SAP Sales Analysis for Retail
Use this Software is limited to performing retail and point of sale data analysis.
6.1.21
SAP Planning and Consolidation for Banking
Use of this Software is limited to the following for Licensee’s banking operations: financial planning, budgeting, forecasting and consolidations,
and reporting of financial and other plan data.
Use of SAP BusinessObjects Enterprise included with SAP BA&T Business Planning and Consolidation package is limited solely to the
following features: (a) use of the Central Management Server (“CMS”) to authenticate and/or authorize users for the applications; (b) use of the
Central Management Console (“CMC”) to administer user rights and privileges as they pertain to the applications.
SAP Confidential
54
6.1.22
SAP Sales and Operational Planning rapid deployment solution
Use of this Software is limited to the Sales and Operational business planning process such as consensus demand management, supply
visibility, rough cut capacity aggregation, and monitoring business process utilizing forecast input from Sales, Marketing, Operations and
Finance.
6.1.23
Additional License Conditions for Knowledge Accelerator
SAP Knowledge Acceleration may be used to meet Licensee’s employee training needs and may not be used by or on behalf of any third
party. Notwithstanding any other provision of the Training Schedule, NULs of Knowledge Acceleration may not be transferred to other
individuals, even if the original user is no longer permitted access to Knowledge Acceleration. If an individual is no longer employed by
Licensee, Licensee may transfer such individual’s NUL to another user.
6.1.24
SAP Lumira, standard edition. Licensee cannot use SAP Lumira standard edition to access data in SAP applications, with the exception of
accessing data in SAP HANA and SAP Business One.
6.1.25
SAP BusinessObjects BI Semantic Layer RESTful Web Service SDK (“BI SDK”)
BI SDK requires SAP BusinessObjects BI version 4.1 SP2 or later.
Semantic Data Transfer and Persistence. This Section describes certain limitations to the transfer of semantic data, and the persistence of
semantic data being transferred, from the BI SDK.
a.
Any resolution of a BusinessObjects Universe query, with the limited exception of caching, must connect to a BusinessObjects Universe
at runtime. A temporary cache is permitted for the sole purpose of improving the query performance of the Semantic Layer Web Service
SDK implementation if the application does so temporarily, securely, and in a manner that does not permit use of the data or metadata
outside of the application directly connecting to the Semantic Layer Web Services SDK.
b.
In enabling support for universes, use of the BI SDK interfaces is prohibited for any of the following purposes: (i) to crawl or index the BI
SDK (or any data or metadata contained therein or managed thereby), (ii) the mass data and/or metadata extraction from the BI SDK to
another product to create a new system of record for such data or metadata, or (iii) bypass or circumvent SAP’s license restrictions or
provide customers with access to the SAP BusinessObjects Universe Consumption for which such customers are not licensed.
c.
Subject to Section (b) above, a user may develop and use any of the BI SDK interfaces for the purpose of extracting and caching SAP
Semantic Product data or metadata.
The user agrees that any product or solution using data retrieved from the BI SDK must open and maintain a valid SAP BusinessObjects BI
session when connecting to the BI SDK and when connecting to a cache of the results from the BI SDK, similar to as if the user product had
connected directly to the BI SDK. APIs that enable third party products to open and close a BI session are available in SAP’s BI Platform
SDK.
6.2
SAP BusinessObjects (Classic Solutions Model)
6.2.1
SAP BusinessObjects Enterprise
6.2.1.1
Dashboard Builder. The software components, tools and utilities supplied with Dashboard Builder may only be used with the product with
which they were provided. In addition, the Web Intelligence utilities provided with Dashboard Builder may only be used to view the analytic
templates provided with Dashboard Builder.
6.2.1.2
SAP BusinessObjects Enterprise. Licensee may not combine licenses for different editions of BusinessObjects Enterprise in a single
Deployment (for example, BusinessObjects Enterprise Premium licenses may not be combined with BusinessObjects Enterprise Professional
licenses in the same Deployment). Licensee may use BusinessObjects Enterprise Professional to publish and distribute only one of SAP
BusinessObjects’ proprietary report format types (Crystal Reports, Web Intelligence/Desktop Intelligence/BusinessObjects/Voyager). Web
Intelligence and Desktop Intelligence are deemed a single proprietary report format for this purpose. If Licensee wishes to publish and
distribute more than one report format type, BusinessObjects Enterprise Premium must be licensed. Notwithstanding the foregoing, if Licensee
migrates from a combined BusinessObjects and Web Intelligence Deployment to BusinessObjects Enterprise, Licensee may use both
BusinessObjects and Web Intelligence report types in that Deployment. SAP BusinessObjects Enterprise includes runtime license to use the
SAP BusinessObjects BI Semantic Layer RESTful Web Service SDK (“BI SDK”) solely for the purposes of accessing semantic data.
6.2.1.3
SAP BusinessObjects Product Options. Options for BusinessObjects Enterprise Professional, Crystal Enterprise Professional, and Crystal
Reports Server (collectively, “Underlying Application”) are licensed as add-ons to a Deployment. Options may include Crystal Reports
Explorer, Auditing, Publishing, Live Office, Integration Kits for third party applications and other products designated as Options for an
Underlying Application. If both the Underlying Application and the Options are licensed on a CPU metric, the number and type of Option
licenses must match the number and type of the Underlying Application licenses in the Deployment in which the Options are used
6.2.1.4
SAP BusinessObjects Web Intelligence Interactive Viewing. Keycodes to Web Intelligence Interactive Viewing unlock all features of the full
Web Intelligence product. However, Web Intelligence Interactive Viewing is a limited license and may not be utilized to edit or create
documents.
6.2.2
SAP BusinessObjects BI Package. SAP BusinessObjects BI Package includes a restricted license of SAP BusinessObjects Information
Steward. Use of the SAP BusinessObjects Information Steward is limited to the Metadata Management and Metapedia functionality.
6.2.3
SAP BusinessObjects BI Starter Package. The licensing of the SAP BusinessObjects BI starter package is restricted to maximum of100 users
maximum on a single server.
6.2.4
Dashboard and Visualization
6.2.4.1
SAP® BusinessObjects™ Xcelsius® software.
SAP Confidential
55
If Licensee refreshes, publishes, pushes or otherwise changes data contained in any Xcelsius generated SWF file (or SWF file exported to
other supported file formats (e.g., PDF, AIR, PPT)), a Xcelsius Interactive Viewing License must be licensed. Xcelsius Interactive Viewing is
included with and matches the Named User Licenses (“NUL”) of Crystal Reports Server and BusinessObjects Edge. Unlimited Interactive
Viewing is included with Xcelsius Engage but limited to SWF files with a maximum of two connections.
6.2.5
SAP BusinessObjects Enterprise Information Management Solutions
6.2.5.1
SAP BusinessObjects Data Services, SAP BusinessObjects Data Integrator, and SAP BusinessObjects Data Quality Management software.
If Licensee wants to deploy a SAP BusinessObjects Data Services, SAP BusinessObjects Data Integrator, or SAP BusinessObjects Data
Quality Management License to access enterprise data sources such as packaged applications, databases, or technology infrastructure
products, Licensee must obtain individual interface licenses such as Application Interface, Database Interface, JMS Technology Interface, or
Salesforce.com Technology Interface. Address directories are not included and must be licensed separately.
6.2.5.2
SAP BusinessObjects Data Services. The following is included in each license of the SAP BusinessObjects Data Services:
Five Named Users of SAP BusinessObjects Data Insight (except for licenses bundled or otherwise provided in combination with or for
use with a third party product)
Runtime license for 2 CPU licenses of SAP BusinessObjects Information Steward. Use of the BusinessObjects Information Steward is
limited to Cleansing Package Builder and the Basic and Advanced Profiling capabilities that are contained in Data Insight.
One license of each of Real Time Transactional Processing, Data Source Web Service Access, Multi-user Team Development and Grid
Computing
Database Interface licenses to an uncapped number of Types of databases
Salesforce.com Technology Interface
JMS Technology Interface
6.2.6
SAP BusinessObjects Data Integrator
6.2.6.1
SAP BusinessObjects Data Integrator Starter. Each license of the Software includes one Database Interface license.
6.2.6.2
SAP BusinessObjects Data Integrator Professional. Each license of the Software includes two Database Interface licenses.
6.2.6.3
SAP BusinessObjects Data Integrator Premium. Each license of the Software includes one license of each of Real Time Transactional
Processing, Data Source Web Service Access, Multi-user Team Development, Grid Computing, Salesforce.com Technology Interface, JMS
Technology Interface; and Database Interface licenses to an uncapped number of database Types.
6.2.7
SAP BusinessObjects Data Quality Management (“DQM”)
6.2.7.1
SAP BusinessObjects eData Quality (“eDQ”) Management. Licensee may Use SAP BusinessObjects eDQ Management for transactional or
real-time environments only. Each license of the Software includes one license of SAP BusinessObjects DQM, cleansing package option for
one language.
6.2.7.2
SAP BusinessObjects Data Quality Management Professional. Each license of the Software includes one Database Interface license and one
license of SAP BusinessObjects DQM, cleansing package option for one language.
6.2.7.3
SAP BusinessObjects Data Quality Management Premium. Each license of the Software includes:
Five Named Users of SAP BusinessObjects Data Insight (except for licenses bundled or otherwise provided in combination with or for
use with a third party product)
Runtime license for 2 CPU licenses of SAP BusinessObjects Information Steward. The use of the BusinessObjects Information Steward
is limited to Cleansing Package Builder and the Basic and Advanced Profiling capabilities that are contained in Data Insight.
Two Database Interface licenses
One license of SAP BusinessObjects DQM, cleansing package option for one language
SAP BusinessObjects DQM, SDK
One license of each of Real Time Transactional Processing, Data Source Web Service Access, Multi-user Team Development and Grid
Computing
6.2.7.4 Interface licenses. A prerequisite for any Application Interface, Database Interface or Technology Interface license is a Data Services, Data
Integrator, or Data Quality Management license. Application Interface is licensed per application Instance. “Instance” means the Software may
only be used for one unique connection to a specified application or technology. If multiple instances of an application are accessed by the
Application Interface, then one Application Interface License must be acquired for each instance. Application Interface Unlimited, Database
Interface, JMS Technology Interface and Salesforce.com Technology Interface are licensed per application, database or technology Type, as
applicable. “Type” means an unlimited number of connections to the single, specified application, database or technology.
6.2.7.5 SAP BusinessObjects Data Quality Management SDK. A license to SAP BusinessObjects Data Quality Management SDK may be acquired in
two configurations as follows: (1) a stand-alone or non-bundled configuration (“DQM SDK Non-Bundled Configuration”), and (2) bundled with
CPU Metric licenses to Data Services and/or DQM Premium (“DQM SDK Bundled Configuration”). If acquired in the DQM SDK Non-Bundled
Configuration, then a license to DQM SDK is provided as a Server License. If acquired in the DQM SDK Bundled Configuration, then licenses to
DQM SDK are included as part of the CPU Metric licenses of Data Services and/or DQM Premium licensed by Licensee, such that a subset of
the number of such CPU licenses licensed by Licensee may be Used to solely run DQM SDK, provided that the aggregate number of licenses
deployed for DQM SDK and Data Services and DQM Premium must not exceed the total of Data Services and DQM Premium licenses acquired.
For example, if Licensee has in the aggregate licensed six CPU licenses of Data Services and/or DQM Premium, then Licensee may Use two
CPU licenses to run DQM SDK and the remaining 4 CPU licenses to run Data Services and/or DQM Premium; or Licensee may Use three CPU
licenses to run DQM SDK and the remaining 3 CPU licenses to run Data Services and/or DQM Premium; or Licensee may Use all six CPU
licenses to run DQM SDK.
6.2.7.6 SAP BusinessObjects Data Quality Management software, versions for use with SAP, Siebel or Informatica applications. When licensing SAP
BusinessObjects Data Quality Management, version for SAP solutions, Siebel applications, or Informatica PowerCenter, the data quality
functions must be Used solely with activities initiated within the SAP, Siebel, or Informatica application, respectively. When licensed this way, the
Use of data quality functions for purposes outside the application it was licensed for is strictly prohibited. A separate license of SAP
BusinessObjects Data Quality Management or SAP BusinessObjects Data Services must be licensed if the Use of data quality functions is
SAP Confidential
56
required outside of the SAP, Siebel, or Informatica application. Deployment of this license means Licensee has the ability to spread the licensed
number of CPU’s across a single or multiple servers as long as the total number of CPU’s Used across the servers add up to the amount of
CPUs Licensee is licensed for. Grid computing licenses are not included and require to be licensed separately.
6.2.7.7 SAP BusinessObjects Rapid Marts Products. When licensing SAP BusinessObjects Rapid Marts, a license for SAP BusinessObjects Data
Integrator or SAPData Services must also be obtained. If SAP BusinessObjects Rapid Marts is licensed with SAP BusinessObjects Data
Integrator or Data Services, an individual SAP BusinessObjects Rapid Marts license must be obtained for each SAP BusinessObjects Data
Integrator or Data Services license. Copying one SAP BusinessObjects Rapid Marts license and then deploying it to other instances is
prohibited. In addition to the foregoing, Licensee must license certain applicable Application Interfaces.
6.2.7.8 SAP BusinessObjects Metadata Management. Metadata Management comes with a limited use license of SAP BusinessObjects Enterprise.
Licensee may use SAP BusinessObjects Enterprise only in conjunction with Metadata Management. Accessing data that is not specifically
created or Used by Metadata Management is in violation of this license. Furthermore, Licensee may Use only the following features of SAP
BusinessObjects Enterprise: (a) Central Management Server (“CMS”) for user or group authentication purposes and (b) Central Management
Console for security related to user management and access to integrator sources, source groups, metapedia, utilities and managing and
scheduling integrator source runs and utilities runs.
6.2.8
SAP BusinessObjects Explorer
6.2.8.1.
Keycodes for Explorer used in conjunction with SAP BusinessObjects Enterprise Professional (for Enterprise Reporting) will unlock all features
of the Web Intelligence product. Such Web Intelligence features may be used only by SAP BusinessObjects Explorer.
6.2.8.2
SAP Business Objects Explorer (Data Exploration Component). SAP BusinessObjects Explorer (Data Exploration Component) includes SAP
BusinessObjects Data Integrator Premium and SAP BusinessObjects Enterprise. Licensee’s use is limited as follows:
Data Integrator Premium and BusinessObjects Enterprise may only be used in conjunction with SAP BusinessObjects Explorer (Data
Exploration Component).
Data Integrator Premium may not be installed on the same blade as the SAP NetWeaver BWA blade.
Data Integrator Premium may not be used for standalone ETL (extract, transform and load) projects.
Licensee is licensed to Use only the following features of SAP BusinessObjects Enterprise: (a) Central Management Console (CMC), (b)
third party authentication, (c) exploration of BWA-based indexes with Explorer, (d) Central configuration Manager, and (e) Import Wizard.
6.2.9
SAP BusinessObjects solutions for SME
6.2.9.1
SAP BusinessObjects Edge BI (Edge BI). Edge BI licensed by SAP Named Users has a limit of 250 users per server. Edge BI includes
publishing up to 1000 Recipients. Standalone Use of Edge BI standalone does not require SAP Application named users; when used with SAP
ERP, the SAP Business Expert named user is not relevant and an SAP Professional named user is sufficient. Edge BI licensed as CAL
(Concurrent Access License) through SAP BusinessObjects resellers shall not exceed 50 CALs in a single deployment. After Licensee
acquired CAL packages from an SAP BusinessObjects reseller, Licensee may license add-on named user licenses of Edge BI in the same
quantity as the number of CAL licensed. Edge BI includes runtime license to use the SAP BusinessObjects BI Semantic Layer RESTful Web
Service SDK (“BI SDK”) solely for the purposes of accessing semantic data.
6.2.9.2
SAP BusinessObjects Edge BI, version with data management. SAP BusinessObjects Data Quality Professional and SAP BusinessObjects
Data Integrator Starter delivered with SAP BusinessObjects Edge BI may only be deployed on a single server (up to 250 users) and must be
deployed either (a) on the same server where the corresponding SAP BusinessObjects Edge BI product is deployed, or (b) on a separate
server having up to two CPUs . SAP BusinessObjects Data Quality Professional and SAP BusinessObjects Data Integrator Starter may only
be used in conjunction with SAP BusinessObjects Edge BI and may not be used on a stand-alone basis. Licensee shall only be permitted to
use up to two database types under the database interfaces and shall only be permitted one target datastore.
6.2.9.3
SAP BusinessObjects Edge BI, version with data integration. SAP BusinessObjects Data Integrator Starter delivered with SAP
BusinessObjects Edge BI may only be deployed on a single server (up to 250 users) and must be deployed either (a) on the same server
where the corresponding SAP BusinessObjects Edge Series product is deployed, or (b) on a separate server having up to two CPUs. SAP
BusinessObjects Edge BI, version with data integration and SAP BusinessObjects Data Integrator Starter may only be used in conjunction
types under the database interfaces and shall only be permitted one target datastore. When SAP BusinessObjects Data Integrator Starter is
used with SAP BusinessObjects Edge Rapid Marts it may be deployed on a server with up to 4 CPUs.
7.
SAP Crystal
7.1
Use Rights for All BA&T SAP Crystal Products
7.1.1
7.1.1.1
Definitions
“SAP Crystal software” is defined to be the following products: SAP Crystal Reports, SAP Crystal Server, SAP Crystal Reports Server, SAP
Crystal Dashboard Design, SAP Crystal Presentation Design, SAP Crystal Interactive Analysis, and Xcelsius Engage Server.
7.1.1.2
“Desktop SAP Crystal software” is defined to be all SAP Crystal products except for SAP Crystal Server and SAP Crystal Reports Server.
7.1.1.3
“Connected Presentation” means any SWF file created with SAP Crystal Dashboard Design personal edition, SAP Crystal Dashboard Design
departmental edition, or Xcelsius Engage Server that refresh, publish, push or otherwise change data contained in such SWF file (or SWF file
exported to other supported file formats (e.g., PDF, AIR, PPT)),
7.1.1.4
“Self Contained Presentation” means any SWF file created with SAP Crystal Presentation Design, SAP Crystal Dashboard Design personal
edition, SAP Crystal Dashboard Design departmental edition, or Xcelsius Engage Server that does not refresh, publish, push or otherwise
change data contained in such SWF file (or SWF file exported to other supported file formats (e.g., PDF, AIR, PPT)).
7.1.2
SAP Crystal Software Usage. Licensee may use SAP Crystal software to deliver training and consulting services for such SAP Crystal
software, provided that each individual receiving the benefits of the training or consulting services has acquired a license separately to use
the applicable SAP Crystal Software.
SAP Confidential
57
7.1.3
Desktop SAP Crystal Software Usage. With the exception of Connected Presentations, and subject to Section 7.2.8, Licensee may
distribute the output files (e.g. PDF, SWF, XLF, WID or RPT file format) generated by the Desktop SAP Crystal software to third parties
provided that Licensee complies with the following requirements:
(a) the output files reside outside of the Software and do not use the Software;
(b) Licensee remains solely responsible for support, technical or other assistance, required or requested by anyone receiving such output files;
(c) Licensee does not use the name, logo, or trademark of Licensor, or the Software, without prior written permission from SAP;
(d) Licensee will defend, indemnify and hold SAP harmless against any claims or liabilities arising out of the use, reproduction or distribution of
output files;
(e) Licensee shall secure the end user’s (“End User”) consent to terms substantially similar to the terms set forth in Section 7.2.7.
7.1.4
Training Workstation License for Desktop SAP Crystal software. When Desktop SAP Crystal software is used on a workstation that is used
exclusively for training, the license applies to the workstation and not the named user using the Software. One license is required per training
workstation.
7.1.5
Use of Screenshots and wordmarks for SAP Crystal software. Licensee may reproduce and distribute screen shots and wordmarks for SAP
Crystal software in documents or media provided that:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
The document or media isn’t for commercial training material or third party training material and/or for-profit training material.
Licensee’s use may not be obscene or pornographic, and Licensee may not be disparaging, defamatory, or libelous to SAP, any of its
software, or any other person or entity.
Licensee’s use may not directly or indirectly imply SAP sponsorship, affiliation, or endorsement of Licensee’s product or service.
Licensee may not use the screen shot in a comparative advertisement
Licensee may not alter the screen shot in any way except to resize or crop the screen shot.
Licensee may not include portions of a screen shot in other product user interface.
Licensee may not use screen shots that contain third-party content unless Licensee has obtained the express permission from the
third-party.
Licensee must include the following copyright attribution statement: "SAP product screen shot(s) reprinted with permission from
SAP."
If Licensee’s use includes references to a SAP Software, Licensee must use the full name of the Software.
Licensee may not use a screen shot that contains an image of an identifiable individual unless Licensee has obtained permission
from the individual.
7.2
SAP Crystal Reports runtime product
7.2.1
Scope. This section applies to the runtime product included in SAP Crystal Reports 2008, Crystal Reports XI, SAP Crystal Reports for Visual
Studio 2010, and SAP Crystal Reports for Eclipse.
7.2.2
7.2.2.1
Definitions
“Client Application” means an application developed by Licensee that a) utilizes the Runtime Product, b) is installed fully on an end user’s
machine, with all report processing local to that machine, and c) adds significant and primary functionality to the Runtime Product.
“Internal Installation” or “Internally Install” means installing into production Client Applications and/or Server Applications on one or more
computers within Licensee’s company or organization only in connection with Licensee’s internal business purposes.
“Distribution” or “Distribute” means selling, leasing, licensing or redistributing Client Applications and/or Server Applications to third party end
users external to Licensee’s company or organization.
“Runtime Product” means the version specific files and application program interfaces (APIs) specified in the RUNTIME.TXT file provided with
AP Crystal Reports 2008, SAP Crystal Reports for Eclipse 2.0, and SAP Crystal Reports for Visual Studio 2010.
“Server Application” means an application developed by Licensee that a) utilizes the Runtime Product, b) allows more than one user to use the
Runtime Product through any middle tier application(s), and c) adds significant and primary functionality to the Runtime Product. A Client
Application installed in a Windows terminal server environment (e.g. Citrix or Microsoft Remote Desktop Platform) is a Server Application.
7.2.2.2
7.2.2.3
7.2.2.4
7.2.2.5
7.2.3
Usage. Licensee may install and use a single copy of the Runtime Product to develop Client Applications and Server Applications. The
Distribution and Internal Installation terms and conditions differ based on the type of applications Licensee develops, as described in the
following sections.
7.2.4
Internal Installation of Client Applications and Server Applications. Licensor grants Licensee a personal, nonexclusive, limited license to
Internally Install the Runtime Product with Client Applications and Server Applications.
7.2.5
Distribution of Client Applications. Subject to Licensee’s compliance with all of the terms herein, including without limitation section 7.2.7,
Licensor grants Licensee a personal, nonexclusive, limited license to Distribute Client Applications.
7.2.6
Distribution of Server Applications. Subject to Licensee’s compliance with all of the terms herein, including without limitation section 7.2.7,
Licensor grants Licensee a personal, nonexclusive limited license to Distribute Server Applications to third parties provided that the Licensee
has acquired a licensed copy of Crystal Reports for each Deployment of a Server Application that is Distributed, and the version of the
Runtime Product utilized by such Server Application is the same version as Licensee’s licensed copy of Crystal Reports.
7.2.7
Runtime Product Distribution Requirements.
If Licensee distributes the Runtime Product to third parties pursuant to sections 7.2.5 or 7.2.6, Licensee shall comply with the following
requirements:
(a)
Licensee remains solely responsible for support, service, upgrades, and technical or other assistance, required or requested by
anyone receiving such Runtime Product copies or sample applications;
(b)
Licensee does not use the name, logo, or trademark of Licensor, or the Software, without prior written permission from SAP;
SAP Confidential
58
(c)
(d)
(e)
Licensee will defend, indemnify and hold SAP harmless against any claims or liabilities arising out of the use, reproduction or
distribution of Runtime Product or the associated application;
Licensee shall not distribute the Runtime Product with any general-purpose report writing, data analysis or report delivery product or
any other product that performs the same or similar functions as SAP’s product offerings; and
Licensee shall secure the end user’s (“End User”) consent to terms substantially similar to the following:
End User agrees not to modify, disassemble, decompile, translate, adapt or reverse-engineer the Runtime Product or the report file
(.RPT) format;
End User agrees not to distribute the Runtime Product to any third party or use the Runtime Product on a rental or timesharing basis or to
operate a service bureau facility for the benefit of third-parties;
End User agrees not to use the Runtime Product to create for distribution a product that is generally competitive with SAP’s product offerings;
End User agrees not to use the Runtime Product to create for distribution a product that converts the report file (.RPT) format to an alternative
report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of SAP;
7.2.8.
SAP AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS. SAP AND ITS SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, COVER OR OTHER DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE
APPLICATION OR RUNTIME PRODUCT.
7.3
SAP Crystal Dashboard Design, departmental edition.
7.3.1
Usage. Self Contained Presentations created with the departmental edition of SAP Crystal Dashboard Design may be freely redistributed.
SWF files generated by the departmental edition that access data exclusively with the Crystal Reports connector can be embedded into a
Crystal Report and the resulting report can be redistributed without any additional licensing requirements.
7.3.2
Viewing License. If you refresh, publish, push or otherwise change data contained in any SWF file generated by the departmental edition (or
SWF file exported to other supported file formats such as PDF, AIR, PPT), you must acquire SAP Crystal Dashboard Viewing option for each
named user that can view the SWF. This option is included with and matches the Named User Licenses (“NUL”) of SAP Crystal Reports
Server and SAP Crystal Server. One named user license of the Dashboard Viewing option is included with the departmental edition license.
7.3.3
Restrictions. SWF files generated by the departmental edition:
Cannot be deployed to SAP BusinessObjects Enterprise or SAP BusinessObjects Edge.
Can be deployed standalone only to SAP Crystal Reports Server or SAP Crystal Server.
Cannot access any data sources from SAP Software, with the exception of SAP BusinessOne.
Cannot be distributed to more than 100 end users.
Connected Presentations may be used only for users internal business purposes and not pursuant to a commercial sale, rental, or lease of the
Connected Presentations (whether alone or in combination with another program or product).
7.4
SAP Crystal Dashboard Design, personal edition
7.4.1
Usage. Self Contained Presentations created with the personal edition of SAP Crystal Dashboard Design may be freely redistributed. SWF
files created by the personal edition of SAP Crystal Dashboard Design that access data exclusively with the Crystal Reports connector can be
embedded into a Crystal Report and the resulting report can be redistributed without requiring additional licensing.
7.4.2
Restrictions. SWF files generated by the personal edition:
Cannot be deployed to SAP BusinessObjects Enterprise or SAP BusinessObjects Edge.
Can be deployed standalone only to SAP Crystal Reports Server, or SAP Crystal Server.
Cannot access any data sources from SAP Software, with the exception of SAP BusinessOne.
7.5
SAP Crystal Presentation Design
7.5.1
Usage. Self Contained Presentations created with all editions of SAP Crystal Presentation Design may be freely redistributed. Licensees of
the enterprise edition of SAP Crystal Presentation Design can deploy the Software to any number of employees and contractors, provided
those employees and contractors are directly employed by the Licensee. This license does not extend beyond Licensee’s corporate entity and
excludes all subsidiaries or affiliates of the Licensee.
7.5.2
Restrictions. The student edition of SAP Crystal Presentation Design may only be used by full time or part time students of a secondary or
post-secondary educational institution.
7.6
SAP Crystal Server
7.6.1
Scope. This section applies to SAP Crystal Reports Server and SAP Crystal Server. Throughout this section, the term ‘SAP Crystal Server’
shall be defined to include both products.
7.6.2
Usage. SAP Crystal Reports which contain SWF files created by either the personal or departmental edition of SAP Crystal Dashboard Design
that access data exclusively with the Crystal Reports connector can be viewed by users with either NUL or CAL licenses.
SAP Confidential
59
7.6.3
Restrictions. For each Deployment, SAP Crystal Server may be installed and used only on a single Server. Licensee may not attempt to
cluster the system across multiple live Servers. Licensee cannot use SAP Crystal Server to access data in SAP applications with the
exception of SAP Business One. Licensee shall not make any single dashboard available to more than 100 named users, nor to users
covered under a CAL license. Licensee may Use SAP Crystal Server’s mobile features or functionalities only if a license for SAP Crystal
Server, Add-On for Mobile Solutions is acquired for each Named User that is accessing content through a mobile device.
The following software features and functions can only be accessed using NUL licenses:
Dashboard viewing through the InfoView or BI Launchpad portal,
Dashboard viewing through any portal integration kit.
Dashboard Builder
BI Workspace
SAP BusinessObjects Explorer (SAP Crystal Server 2011 and later only)
The following integration kits are not licensed for use with SAP Crystal Server:
SAP BusinessObjects Integration for PeopleSoft Enterprise
SAP BusinessObjects Integration for JDE EnterpriseOne
SAP BusinessObjects Integration for Siebel
SAP BusinessObjects Integration for Oracle E-Business Suite
SAP BusinessObjects Integration for SAP
SAP Crystal Server includes runtime license to use the SAP BusinessObjects BI Semantic Layer RESTful Web Service SDK (“BI SDK”) solely
for the purposes of accessing semantic data.
7.6.4
SAP Crystal Server, Add-On for Mobile Solutions. Licensee may Use SAP Crystal Server’s mobile features or functionalities only if a license
for SAP Crystal Server, Add-On for Mobile Solutions is acquired for each Named User that is accessing content through a mobile device. The
number of NUL license of SAP Crystal Server, Add-On for Mobile Solutions cannot exceed the number of SAP Crystal Server NUL licenses.
SAP Crystal Server, Add-On for Mobile Solutions may require an additional component downloaded from a third party mobile application store.
Each additional component is subject to its respective license agreement.
7.6.5
SAP Crystal Server, analytics edition has a maximum limit of 100 named users and 250 concurrent sessions on a single server. The license
includes the following Runtime Software: (i) Sybase IQ, which may be deployed either on the same server as Crystal Server, or on a separate
server up to a maximum of 16 cores, (ii) Data Integrator, Edge edition, which may be deployed on the same server as Crystal Server, or a
separate server up to a maximum of 6 Cores and (iii) one (1) User license of SAP Sybase PowerDesigner DataArchitect/DM.
Use of the Runtime Software is limited to the following: Data Integrator, Edge edition (i) does not include Text Data Processing and (ii) can
connect to and leverage any existing CMS repositories residing on a separate server in the customer’s landscape and can only be used to
load data into the included Sybase IQ, from any number of SAP data sources, and up to two database types under the database interfaces.
Use of Sybase IQ Runtime Software is limited to access by and through SAP Crystal Server.
SAP Crystal Server, analytics edition includes runtime license to use the SAP BusinessObjects BI Semantic Layer RESTful Web Service SDK
(“BI SDK”) solely for the purposes of accessing semantic data.
7.7
Xcelsius Engage Server
7.7.1
Usage. Self Contained Presentations created with Xcelsius Engage Server may be freely redistributed. A connected presentation that receives
its data exclusively from the Crystal Reports connector, and is embedded into a Crystal Report is considered a self-contained presentation.
7.7.2
Restrictions. SWF files generated by Xcelsius Engage Server cannot be deployed to SAP BusinessObjects Enterprise or SAP
BusinessObjects Edge.
7.8
SAP Crystal Reports Server OEM Embedded
7.8.1
SAP Crystal Reports Server OEM Embedded (“CRSE”) may only be installed and used on a single Server whether the Software is licensed on
a NUL or Server basis. Licensee may not attempt to cluster the system across multiple live Servers. Licensee cannot use CRSE to access
data in SAP applications.
8.
Supplementary Products
8.1
Directories. Following are additional license conditions for content/reference data (address data, geo data etc.) provided in Data Quality and
Data Services products (“Directories”)
8.1.1
Directories, any related documentation and any intellectual property rights therein at all times remain the property of SAP and its third party
suppliers (as the case may be);
Licensees are not permitted to resell the data. Directories shall not be used within a service bureau environment. In selected cases, the use by
an affiliate will require a separate license (see all specific directory restrictions in the “Pass Through Terms for DIrectories” attached hereto as
Exhibit 5 which constitute a part of the terms and conditions of Licensee’s use of such Directories).
Directories may only be used together with the SAP Data Quality and/or Data Services Products; a perpetual license for the SAP Data Quality
and Data Services Products is a prerequisite for using Directories”;
SAP Confidential
60
Directories may not be used for creating a mailing list, database or other derivative work but may be used to cleanse an existing mailing list or
database of an End User;
Directories will be updated from time to time: only the current version of an Directory may be used;
SAP may use a software utility mechanism in Directories that imposes time limitations to prevent the use of outdated Directories;
SAP’s third party suppliers shall have no liability to End User or any third party as a result of End User’s use of the Directories or any services
you receive related to the use of the Directories;
Except to the extent the Directories’ third party supplier(s) makes content updates available to SAP, no content updates will be provided by
SAP hereunder. In no case shall any SAP maintenance or support be provided for the Directories licensed herein;
A third-party supplier for Directories may elect to terminate SAP’s right to distribute Directories or to provide updates during the term of your
subscription, in which case Licensee’s sole remedy will be to receive a refund of fees for the portion of the subscription for which Licensee is
unable to use such Directories, unless otherwise stated in the Pass-Through Terms.
8.1.2
Licensing Information
Directories are sold on a subscription model basis, therefore no annual maintenance fee is to be charged and, except to the extent the
Directories content source makes content updates available to SAP, no SAP maintenance or support is provided for these products.
Subscription fees may include charges from domestic or international postal authorities or other data providers.
The Initial Term of this shall be 12 (twelve) calendar months from the Effective Date of the “Initial Term”.
Automatic renewals occur on an annual basis, subject to availability of the licensed Directory on the current SAP List of Prices and Conditions,
and will be processed and invoiced according to the then current pricing and terms.After the Initial Term, this subscription license may be
terminated by either party with 90 days written notice prior to the start of the following Renewal Term. Any termination must be in writing to the
affected party and will be effective at the end of the then-current Initial/Renewal Term during which the termination notice is received by SAP.
In no event shall SAP’s total liability for damages of any kind or nature in any way arising from or related to the licensed Address Directories
exceed an amount equal to the annual Subscription Fee paid in the twelve (12) month period prior to the date of the claim.
8.2
Databases
DB2 for Linux, Unix and Windows:
Advanced Enterprise Server Edition (from version DB2 10.5 onwards)
Enterprise Server Edition incl. database partitioning, storage optimization (for versions DB2 10.1 and lower)
Oracle DB:
Enterprise Edition, Oracle Objects Option, Partitioning, Intermedia, Oracle Advanced Security Option, Oracle Advanced Compression
Option, Standard Management Pack, DBA Management Pack, Diagnostic Pack, Tuning Pack, Provisioning Pack and Change
Management Pack. For details and possible limitations regarding the support of the licensed options please see SAP support notes.
Oracle Extended Package
Real Application Cluster (RAC), Database Vault
DB2 for z/OS:
DB2 for z/OS and OS/390, IBM DB2 Operational Utilities for z/OS, IBM DB2 Diagnostic and Recovery Utilities for z/OS, IBM DB2
Connect Enterprise Edition. Upgrade options for customers having licensed DB2 for OS/390 before October 1, 2003 are available upon
request.
Microsoft SQL Server:
Enterprise Edition
8.3
8.3.1
Generic Products
SAP Test Acceleration and Optimization.
SAP Test Acceleration and Optimization requires a license of HP Quality Center including the modules Business Process Testing and
QuickTest Professional. This can be licensed from HP directly or by licensing “SAP Quality Center by HP” (material number 7010568).
8.3.2
SAP Object Event Repository
External users accessing SAP Object Event Repository for the strongly restricted set of tasks of viewing the tracking status and reporting
event messages do not require a SAP Named User license. External users are consumers and/or employees of a business partner of the
company licensing SAP Software.
8.3.3
SAP Landscape Transformation
The license for LT is explicitly connected to the customer installation(s) identified by Licensee is non-transferrable.
8.4
Third Party Products
8.4.1
SAP Interactive Forms by Adobe, Enable the Enterprise (includes 40 Interactive Forms) (“Adobe EE”). The total number of SAP Named Users
licensed to use SAP Software may never exceed the License Level for Adobe EE, i.e. all licensed SAP Named Users must contribute to the
calculation of the license fee for Adobe EE.
SAP Confidential
61
8.4.2
Additional Interactive Forms Bundle(s) for Adobe EE or Adobe, Individual User (“Adobe EE or IU”) (40 Forms per Additional Interactive Forms
Bundle). Only individuals licensed to use Adobe EE or IU are permitted to use the licensed Additional Interactive Forms Bundles for Adobe EE or
IU (if any).
8.4.3
SAP Interactive Forms by Adobe, External Users (“Adobe EU”). Only those individuals who are licensed to use specific SAP Software without the
requirement of an SAP Named User license may use licensed Adobe EU, and such use (of Adobe EU) shall be solely in conjunction with, and to
the extent of, such individual’s license to use such specific SAP Software without the requirement of an SAP Named User license. For avoidance
of doubt, no one licensed as an SAP Named User may use Adobe EU. External users get access to 40 forms or the number of forms licensed for
Adobe EE/ Adobe IU if greater than 40.
8.4.4
SAP Information Interchange by Crossgate (“IIC”) and Web Based Connectivity Option (“WBC”). A valid license of IIC is a pre-requisite for
licensing and Using WBC. WBC has to be licensed in accordance with the minimum quantities stated in the price list and require IIC licenses as
a prerequisite. Notwithstanding where IIC, or ICC with WBC, is licensed with a runtime database pursuant to an Software Agreement, a separate
mySQL database is still required (in addition to the licensed runtime database) as follows: (i) the Crossgate software licensed hereunder
currently requires a mySQL database product, which is a third party product which has either been integrated or pre-installed as part of the
Crossgate software, or which must be installed to use the Crossgate software; (ii) if integrated in the licensed Crossgate software, the integrated
mySQL database product functionality may differ from that of a non-integrated mySQL database product; (iii) this Agreement does not contain a
license to use the mySQL database, even where integrated or pre-installed as part of the licensed Crossgate software; (iv) the mySQL database
product is subject to its respective vendor license agreement; (v) SAP makes no representations or warranties as to the terms of any license or
the operation of any database product obtained from a third party by Licensee; and (vi) Licensee is responsible for support and maintenance of
any database product obtained from a third party supplier, and SAP has no responsibility in this regard.
8.4.5
SAP LoadRunner by HP (“LR”). Licensee’s use of the LR software is limited solely to testing or monitoring pre-production SAP Software
(including any and all software required to operate the particular SAP Software, further including the SAP Software’s associated operating
systems, databases, application servers, etc) only in quality assurance and similar non-production environments, and may only be used on a
single server.
8.4.6
SAP LoadRunner by HP, Performance Center with Diagnostics (“LR PCD”). Licensee’s use of the LR PCD software is limited solely to testing or
monitoring pre-production SAP Software (including any and all software required to operate the particular SAP Software, further including the
SAP Software’s associated operating systems, databases, application servers, etc) or any other pre-production software (so long as the LR PCD
software Documentation specifies that the licensed LR PCD software is prescribed for testing and monitoring such other pre-production software)
only in quality assurance and similar non-production environments. use of the Diagnostics for Composite Applications component (“Diagnostics”)
included with LR PCD is (i) subject to the forgoing Usage limitation and (ii) further limited to use with a single Application Instance (as defined
below) for every two hundred fifty (250) Virtual Users of LR PCD licensed. “Application Instance” means a monitored, non-production
environment running an instance of an application (e.g. an instance of SAP Software, a java virtual machine or a database server counts as one
Application Instance).
8.4.7
SAP LoadRunner by HP, Performance Center without Diagnostics (“LR PC”). Licensee’s use of the LR PC software is limited solely to testing or
monitoring pre-production SAP Software (including any and all software required to operate the particular SAP Software, further including the
SAP Software’s associated operating systems, databases, application servers, etc) or any other pre-production software (so long as the LR PC
software Documentation specifies that the licensed LR PC software is prescribed for testing and monitoring such other pre-production software)
only in quality assurance and similar non-production environments.
8.4.8
SAP Quality Center by HP, Enterprise Edition (“QC EE”). Licensee’s use of the QC EE software is limited solely to testing or monitoring preproduction SAP Software (including any and all software required to operate the particular SAP Software, further including the SAP Software’s
associated operating systems, databases, application servers, etc), and, if the applicable Software Agreement indicates that QC EE is licensed
for “Full Use”, Licensee’s use of the QC EE software shall also include the right to test or monitor any other pre-production software (so long as
the QC EE software Documentation specifies that the licensed QC EE software is prescribed for testing and monitoring such other preproduction software), all in quality assurance and similar non-production environments only. The QC EE Bundle currently includes the SAP
Quality Center by HP, Enterprise Edition – QuickTest Professional, TestDirector, Business Process Testing, Requirements Management, and
Defects Management components.
8.4.9
SAP Quality Center by HP, Premier Edition (“QC PE”). Licensee’s use of the QC PE software is limited solely to testing or monitoring preproduction SAP Software (including any and all software required to operate the particular SAP Software, further including the SAP Software’s
associated operating systems, databases, application servers, etc) or any other pre-production software (so long as the QC PE software
Documentation specifies that the licensed QC PE software is prescribed for testing and monitoring such other pre-production software), all in
quality assurance and similar non-production environments only. The QC PE Bundle currently includes the SAP Quality Center by HP, Premier
Edition – QuickTest Professional, TestDirector, Business Process Testing, Requirements Management, and Defects Management components.
8.4.10 SAP Regulatory Report by iBS, Accounts;SAP Regulatory Report by iBS, Derivatives; SAP Regulatory Report by iBS, P/C/S Cashflow; SAP
Regulatory Report by iBS, Retail Cashflow. Licensed iBS software may only be used to support Licensee’s German, Austrian and/or Swiss
business operations.
8.4.11 Metadata Management Multi-Source Integrators by MITI (CPU). The total number of CPUs of SAP BusinessObjects Metadata Management
(CPU) licensed by Licensee may never exceed the License Level for the MITI Software licensed above.
8.4.12 SAP Employee File Management by OpenText (“EFM”). An individual licensed to use EFM must be licensed as an SAP Business Expert,
Professional, Limited Professional, Business Information, Employee or Employee Self-Service, or Solution Extension User. EFM contains a
limited use license of SAP Document Access by OpenText that can only be used in conjunction with the EFM solution to manage employee
related documents. Broader usage of Document Access would require separate licensing of that solution.
SAP Confidential
62
8.4.13 SAP Digital Asset Management by OpenText (“DAM”). An individual licensed to Use DAM must be licensed (under separate Software
Agreement) as an SAP Business Expert, Professional, Limited Professional, Business Information, Employee or Employee Self-Service, or
Solution Extension User.
8.4.14 SAP Extended ECM by OpenText (“xECM”). An individual licensed to use xECM must be licensed as an SAP Business Expert, Professional,
Limited Professional, Business Information, Employee or Employee Self-Service, or Solution Extension User.
8.4.15 SAP Document Access by OpenText (“DA”) and SAP Document Access by OpenText for POS Device ("DA for POS“). An individual licensed to
use DA for SAP Business Expert, Professional and Limited Professional Users must be licensed as an SAP Business Expert, Professional or
Limited Professional User. An individual licensed to use DA for SAP Business Information, Employee and Employee Self-Service Users must be
licensed as an SAP Business Information, Employee or Employee Self-Service User. DA may not be used to archive and/or view any data and/or
documents originating from a point-of-sale device. DA for POS may only be used by individuals licensed as SAP Named Users(and in
accordance with each individual’s respective SAP Named User type) to archive and/or view data and/or documents originating from a point-ofsale device. .
8.4.16 SAP Archiving by OpenText (“Archiving”). An individual licensed to use Archiving for SAP Business Expert, Professional and Limited
Professional Users must be licensed as an SAP Business Expert, Professional or Limited Professional User. An individual licensed to use
Archiving for SAP Business Information, Employee and Employee Self-Service Users must be licensed as an SAP Business Information,
Employee or Employee Self-Service User.
8.4.17 SAP Invoice Management by OpenText (“IM”). An individual licensed to use OCR must also be licensed for IM. The OCR is an optional
component and there must be at least as many IM licenses as OCR licenses but there can be more IM licenses than OCR license.
8.4.18 SAP Dispatching & Planning – Long Term Planning by Prologa; SAP Dispatching & Planning – Operational Planning by Prologa; SAP Legal
Requirements by Prologa. An individual licensed to use any Prologa must be licensed as an SAP Business Expert, Professional or Limited
Professional User.
8.4.19 SAP User Experience Management by Knoa and SAP User Experience Management by Knoa, version for SAP GUI. SAP User Experience
Management by Knoa and SAP User Experience Management by Knoa, version for SAP GUI (collectively, “Knoa”) ist embedded or bundled with
5 (five) licenses of the following SAP Business Objects Software: SAP Business Objects Enterprise Premium, WebIntelligence, Xcelsius
Enterprise, Xcelsius Enterprise Interactive Viewing Crystal Reports (“Runtime Software”). Such Runtime Software may only be Used to access
data created or enhanced by Knoa. Runtime Software may not be combined in the same Deployment as SAP BusinessObjects Software
licensed independently from Knoa.
8.4.20 BSI U.S. Payroll Tax Processing. The BSI software is licensed for use in conjunction with the payroll functionality contained in the SAP Payroll
Software, which must be separately licensed. In addition, the license for the BSI software is limited for use on a single Platform at a time (with the
exception of a Platform migration period as BSI may allow). For purposes herein, the term “Platform” shall mean a single BSI Supported
Configuration of the following: a single database, single server, single client software, and single operating system. For purposes herein, “BSI
Supported Configuration” shall mean a configuration for which BSI makes support available for SAP Licensees of the BSI software. The BSI
software license does not include a license to use any third party database, server, client software, or operating system. If Licensee wishes to
change the Platform: (i) Licensee shall provide SAP written notice of the same and complete a Platform Change form (in a format acceptable to
BSI); and (ii) SAP shall allow such change to the extent and under the conditions BSI generally makes available to SAP, including without
limitation Licensee’s payment of any platform change fees that apply.
8.4.21
Additional Third Party Product Terms Applicable to Standalone Use:
8.4.21.1 Metadata Management Multi-Source Integrators by MITI (CPU). SAP BusinessObjects Metadata Management (“BMM”) must be separately
licensed by Licensee for Standalone Use, and the total number of BMM CPUs licensed by Licensee may never exceed the License Level for
the MITI Software licensed above.
8.4.22
SAP Solution Extension Limited User. The SAP Solution Extension Limited User is solely authorized to Use one (1) third party solution
licensed by SAP. The Software Agreement needs to expressly specify this third party solution. The SAP Solution Extension Limited User
applies to SAV if the assigned third party solution does.
8.4.23
ANCILE
For the following price list items the special term as described below does apply:
SAP Productivity Pak by ANCILE – excl. North America (7009560)
SAP Productivity Pak Help Launch Pad by ANCILE – excl. North America (7009561)
SAP Productivity Composer by ANCILE – excl. North America (7009562)
SAP Productivity Composer Help Launch Pad by ANCILE – excl. North America (7009563)
SAP Productivity Pak by ANCILE – North America (7009639)
SAP Productivity Pak Help Launch Pad by ANCILE – North America (7009640)
SAP Productivity Composer by ANCILE – North America (7009641)
SAP Productivity Composer Help Launch Pad by ANCILE – North America (7009642)
When ANCILE software is used with standalone SAP BusinessObjects solutions namely Knowledge Accelerator products or to create
education offerings for SAP BusinessObjects solutions that do not interface with SAP solutions that require SAP Named Users, such users
must be licensed to use SAP BusinessObjects solutions based on either the SAP BusinessObjects Named User or CPU metric and do not
need to be licensed as SAP Named User.
SAP Confidential
63
The amount of licensed “user” sales units for the SAP Productivity Pak by ANCILE or SAP Productivity Composer by ANCILE must match at
least the total number of the licensed Named Users for the SAP BusinessObjects Knowledge Accelerator solutions, provided the SAP
BusinessObjects Knowledge Accelerator is licensed along with the ANCILE solutions. SAP BusinessObjects Knowledge Accelerator may be
licensed in the Named User or CPU capacity.
8.4.24
SAP Extended Enterprise Content Management by OpenText. SAP Application Named users are applicable. SAP Solution Extension Limited
User can be licensed if qualified.
8.4.25
SAP Portal Content Management by OpenText and SAP Portal Site Management by OpenText. SAP Portal Content Management by
OpenText (PCM) and SAP Portal Site Management by OpenText (PSM) may only be Used with the SAP Portal, as included in SAP
NetWeaver (the “SAP Portal”) and may not Use any other licensed SAP Proprietary Information. PCM and PSM do not include an SAP Portal
license.
8.4.26
SAP Multiresource Scheduling, SAP Multiresource Scheduling with Optimizer, SAP Public Budget Formulation, SAP Intercompany Data
Exchange for German Metering, SAP Payment Engine, SAP Pricing and Costing for Utilities, SAP Connector to eBAgent, SAP Business
Process Tracking for Utilities, SAP Application Interface Framework. Special terms & conditions apply. Details on language availability,
technical prerequisites to install and to use these SAP Applications, support periods and further terms & conditions can be found at .
8.4.27
SAP Real-Time Offer Management (Agent-Assisted Channel), SAP Real-Time Offer Management (Self-Service Channel). Special terms &
conditions apply. Details on language availability, technical prerequisites to install and to use these SAP Applications, support periods and
further terms & conditions can be found at http://service.sap.com/fbs/availability.
8.4.28
SAP Business Communication Management (BCM), Rapid Deployment Edition
The usage of SAP Business Communication Management application under this license is restricted to as follows:
Inbound Contact Center is permitted; no Outbound Contact Center and no Enterprise Telephony.
Contact channels are limited to the Voice channel only and without Call-back channel while Software-based Interactive Voice Response (IVR)
is limit to 1 port per 2 agents
The use of the following agent tools are not permitted: IP-desk-phone, Integration to MS Outlook, Switchboard operator tools, Contact
Classification Tools, Task Management, Auto Manual Task creation, Task Classification, Task Alarm, monitoring and reporting, Messenger
Tools and Outbound dialer softphone.
A Maximum of one supervisor per five agents is allowed, The use of the following supervisor tools is not permitted: Chat with Agents, Message
broadcasting and outbound campaign management.
The use of the following Contact Routing and IVR Tools is not permitted: Skills-based routing, Preferred/last served agent routing, Personal
queues, Email routing based on key words and Least cost-based routing.
The use of Task Handling reports are not permitted.
The usage of Mobile Communication Mobile Client (CMC) is not permitted.
8.4.29
SAP CRM Rapid Deployment Edition. Licensee’s use of SAP CRM Rapid Deployment Edition is limited to accessing the following functionality
within SAP CRM: Segmentation & List Management, Lead Management, Opportunity Management, Sales Performance Management,
Customer Service & Support, Campaign Management and Accounts and Contact Management. Licensee’s use of the functionality specified
herein is limited solely to accessing SAP CRM components. Licensee is entitled to use SAP NetWeaver Mobile Gateway but only to the extent
such use is required to access the functionality specified herein. use of other mobile applications may require additional license fees.
8.4.30
SAP SRM Rapid Deployment Edition. The SAP SRM Rapid Deployment Edition is based on the SAP SRM application. The SAP SRM Rapid
Deployment Edition package enhances the SAP ERP Foundation Starter by Strategic Sourcing with Request for Quotation. The SAP SRM
Rapid Deployment Edition has to be installed as an Add-on in an ERP system using the classic technical scenario.
8.4.31
SAP Information Interchange by Crossgate. SAP Information Interchange by Crossgate requires a mySQL database, which needs to be
licensed directly from the respective vendor.
8.4.32
SAP Interactive Forms by Adobe, external users. External users get access to 40 forms or the number of forms licensed for Adobe EE/ Adobe
IU if greater than 40.
8.4.33
SAP Workforce Scheduling &Optimization by ClickSoftware - Realtime Service. The bundle provides out of the box integration with Pitney
Bowes Business Insight-MapInfo, PTV and Microsoft Bing. Each map provider requires a valid license, which needs to be purchased
separately. Additional custom integrations with other mapping providers (e.g. ESRI) are possible.
9.
SYBASE Portfolio Products.
9.1
Sybase Product Specific Terms / Use Rules
The Sybase Software licensed hereunder may include certain third party open source and/or other free download components (collectively, the
“Free Download Components”). Please refer to http://www.sap.com/sybase/thirdpartylegal for certain notices relating to the Free Download
Components.
9.2
Package Restrictions for Sybase Products
9.2.1
Afaria Device Management (Afaria DM)
Afaria DM license includes the following components: Afaria Multi-Tenant Enterprise Server, Afaria Class A Client. And Afaria Class B Client.
SAP Confidential
64
9.2.2
Advanced Security Option; Unstructured Data Analytics Option; Multiplex Grid Option; Very Large Database Management Option (VLDB)
Advanced Security Option; Unstructured Data Analytics Option; Multiplex Grid Option; Very Large Database Management Option (VLDB)
requires the licensing of Sybase IQ Enterprise Edition.
9.2.3.1
Sybase ASE Runtime Edition. Sybase Adaptive Server Enterprise ("ASE") is a runtime database licensed for use by individuals licensed as
SAP Named Users solely in conjunction with their use of applicable Software and/or Third Party Software licensed by Licensee from SAP.
Sybase ASE runtime database includes a limited runtime license of MaxDB database, subject to these provisions. For purposes of clarification,
see the applicable Software and/or Third Party Software Documentation for information regarding release(s) / version(s) supported on the
Sybase ASE and MaxDB runtime database. Sybase ASE runtime database includes a limited runtime license of SAP Sybase Replication
Server to be used only in conjunction with Sybase ASE solely for disaster recovery purposes.
9.2.3.2
Conditions for Use of Sybase ASE
SAP is licensing Sybase ASE as a runtime license for Software licensed by SAP. A full use license for Sybase ASE is available from Sybase
directly.
Licensee shall only use the Sybase ASE in connection with the Software licensed for the Use with Sybase ASE and only for the purposes of
its own internal data processing which includes access of third party user such as contractor, supply chain vendor or supplier, customer, or
third party individual authorized by the customer. Licensee may not Use Sybase ASE with any non-SAP branded or custom developed
applications.
Third party database applications for system administration, monitoring and management may directly access Sybase ASE.
Third party database applications or new functionality or new applications which may directly access the Sybase ASE or indirectly access
information contained therein are not allowed.
The foregoing provision, however, does not prohibit the Licensee from using a development environment or workbench which is part of the
SAP Software to configure or modify the SAP software for which the database is licensed.
9.2.4
DB2 Runtime Database in Certain Sybase Licensing Scenarios. Notwithstanding anything to the contrary, the Afaria DM Software, may
require a database product in addition to any runtime database that may be licensed in the Software Agreement. The Software Agreement
does not contain a license to use any database product other than one identified in the Software Agreement. SAP makes no representations
or warranties as to the terms of any license or the operation of any database product obtained (i.e. licensed) directly from a third party vendor
by Licensee, and Licensee is responsible for support and maintenance of any database product obtained (i.e. licensed) from a third party
vendor, and SAP has no responsibility in this regard.
9.2.5
SAP Mobile Software.
9.2.5.1
SAP Software that is mobile enabled may require an additional component downloaded from a third party mobile application store.
9.2.6
SAP Enterprise Integration for Mobile Apps Software.
9.2.6.1
The SAP Enterprise Integration for Mobile Apps Software may require an additional component downloaded from a third party mobile
application store. Each additional component is subject to its respective license agreement. The licensed SAP Enterprise Integration for
Mobile Apps includes a runtime license for SAP Mobile Platform (“Mobile Platform”) and/or SAP Sybase 365 Mobiliser Platform (“Mobiliser
Platform”). The Mobile Platform and Mobiliser Platform are licensed for use with the licensed SAP Enterprise Integration for Mobile Apps only.
Any additional use of the Mobile Platform or Mobiliser Platform requires an additional license. In addition, the following terms apply to specific
Software:
9.2.6.2
SAP NetWeaver Portal, Mobile Enterprise Workspaces. SAP NetWeaver Portal mobile enterprise workspaces includes the runtime rights of
SAP NetWeaver Enterprise Portal. Of the runtime rights of SAP Netweaver Enterprise Portal, Licensee is solely licensed to use Mobile
Homepage and Mobile Workspaces. Any other use will require additional license fees. Subject to the foregoing restriction, in case SAP
NetWeaver Portal mobile enterprise workspaces are used standalone without access to any SAP application, SAP Named Users licenses are
not required.
9.2.6.3
SAP Sybase 365 mBanking, SAP Sybase 365 mPayment, SAP Sybase 365 mRemittance, SAP Sybase 365 mTop-Up. The referenced Mobile
Apps include a runtime license for SAP Sybase 365 Mobiliser Platform (“Mobiliser Platform”). The Mobiliser Platform is licensed for use with
the licensed Mobile App only. Any additional use of the Mobiliser Platform requires an additional license.
Sybase 365 Mobiliser Reporting Module (“Reporting Module”). Provided that Licensee has licensed Reporting Module, licensed individuals
may solely view, interact and refresh Crystal Reports embedded within Reporting Module. Editing and creation of custom Crystal Reports will
require the purchase of additional SAP Business Objects software.
9.2.6.4
9.2.7
SAP Enterprise Integration for Recivables Manager. SAP Enterprise Integration for Receivables Manager requires ERP deployed on HANA as
a perquisite.
SAP Mobile Platform and SAP Mobile Platform, Single App Option. Each referenced SAP Mobile Platform license includes SAP NetWeaver
Gateway. Each component comprising the SAP Mobile Platform is subject to the applicable terms stated in the LPC. Each such SAP Mobile
Platform User may Use SAP NetWeaver Gateway as follows: each SAP Mobile Platform User is licensed to Use SAP NetWeaver Gateway
provided with the SAP Mobile Platform for the sole purpose of enabling (i) any SAP Mobile Applications, supported on SAP Mobile Platform,
and licensed by Licensee under the Software Agreement on a per user basis, solely to interface with the Software and/or third party software
licensed under the Software Agreement and/or (2) any Licensee owned/licensed mobile applications, solely to interface with the Software
and/or third party software licensed under the Software Agreement via SUP.
SAP Confidential
65
9.2.8
SAP Mobile Platform, Single App Option license is not transferable from one Application to another Application.
9.2.9
SAP Mobile Platform for Consumers. Each SAP Mobile Platform for Consumer User license is comprised of Sybase Unwired Platform (SUP)
& and SAP NetWeaver Gateway. Each component comprising the SAP Mobile Platform for Consumers is subject to the applicable terms
stated in the LPC. Each such SAP Mobile Platform for Consumer User is licensed to Use SAP NetWeaver Gateway provided with the SAP
Mobile Platform for Consumers for the sole purpose of enabling (i) any SAP Mobile Applications, supported on SAP Mobile Platform, and
licensed by Licensee under the Software Agreement on a per user basis, solely to interface with the Software and/or third party software
licensed under the Software Agreement and (2) any Licensee owned/licensed mobile applications, solely to interface with the Software and/or
third party software licensed under the Software Agreement via SUP. Licensee may grant each licensed SAP Mobile Platform for Consumer
User the right to make an unlimited number of Application Connections, and there is no requirement for an SAP Mobile Platform for Consumer
User to also be licensed as an SAP Named User; and only an individual making Application Connections solely on his or her own behalf as an
individual (i.e. not in conjunction with his or her employment or on behalf of any other individual(s) and/or entity(ies)) may be licensed as an
SAP Mobile Platform for Consumer User.
9.2.10
SAP Sybase ASE Enterprise Edition. In order for SAP Sybase ASE Enterprise Edition to operate with other SAP Software, additional licenses
for SAP Sybase ASE Enterprise Edition optional components may be required. Unless otherwise agreed by SAP, Sybase ASE Runtime
Edition cannot be deployed on the same installation as any other SAP Sybase ASE software that is not SAP Sybase ASE Runtime Edition.
9.2.11
SAP Sybase Replication Server and SAP Replication Server Optional Add-ons
9.2.11.1 SAP Sybase Replication Server enterprise edition. If SAP Sybase Replication Server enterprise edition is licensed as an individual Software
line item hereunder or included as a runtime version with another Software line item licensed hereunder, it is restricted for Use with the SAP
Sybase ASE database (and only where such SAP Sybase ASE database is licensed) or for Use with alternative Database, provided the
necessary option has been licensed. The Use of any other database product (whether licensed under the Software Agreement or separately
by Licensee) by or by way of the SAP Sybase Replication Server is strictly prohibited.
9.2.11.2 SAP Sybase Replication Server option for Oracle. If SAP Sybase Replication Server option for Oracle is licensed and the Licensee has
licensed SAP Sybase Replication Server enterprise edition as an individual Software line item hereunder, Licensee may Use SAP Sybase
Replication Server enterprise edition with Oracle databases. The Use of any other database product (whether licensed under the Agreement
or separately by Licensee) by or by way of the SAP Sybase Replication Server is strictly prohibited.
9.2.11.3 SAP Sybase Replication Server, option for Microsoft SQL Server. If SAP Sybase Replication Server, option for Microsoft SQL Server is
licensed and the Licensee has licensed SAP Sybase Replication Server, enterprise edition as an individual Software line item hereunder,
Licensee may Use SAP Sybase Replication Server, enterprise edition with Microsoft SQL Server databases. The Use of any other database
product (whether licensed under the Agreement or separately by Licensee) by or by way of the SAP Sybase Replication Server is strictly
prohibited.
9.2.11.4 SAP Sybase Replication Server, option for IBM DB2. If SAP Sybase Replication Server, option for IBM DB2 is licensed and the Licenseee has
licensed SAP Sybase Replication Server, enterprise edition as an individual Software line item hereunder, Licensee may Use SAP Sybase
Replication Server, enterprise edition with IBM DB2 databases. The Use of any other database product (whether licensed under the
Agreement or separately by Licensee) by or by way of the SAP Sybase Replication Server is strictly prohibited.
9.2.11.5 SAP Sybase Replication Server, change data capture edition. SAP Sybase Replication Server, change data capture edition includes a limited
runtime license of SAP Sybase ASE Enterprise Edition to be used only in conjunction with SAP Sybase Replication Server, change data
capture edition.
9.2.11.6 SAP Sybase Replication Server, option for SAP HANA. If SAP Sybase Replication Server, option for SAP HANA is licensed and the Licensee
has licensed SAP Sybase Replication Server, enterprise edition as an individual Software line item hereunder, Licensee may Use SAP
Sybase Replication Server, enterprise edition with SAP HANA. The Use of any other database product (whether licensed under the
9.2.12
SAP Sybase ASE - Small Business Edition. SAP Sybase ASE-Small Business Edition is limited to Use on a single Server with a maximum
capacity (as specified by the manufacturer) of two (2) Chips, with not more than two hundred fifty-six (256) connections simultaneously and a
total of not more than eight (8) processes being run simultaneously.
9.2.13
SAP Sybase IQ Enterprise Edition. Regardless of the number of Cores licensed, SAP Sybase IQ Enterprise Edition includes one (1) Multiplex
Grid Option server license.
9.2.14
SAP Sybase RAP
SAP Sybase RAP includes SAP Sybase ASE Enterprise Edition (including the Sybase ASE In-Memory Databases Option and the Sybase
ASE Partitions Option), SAP Sybase IQ Enterprise Edition (including the Sybase IQ In-Database Analytics Option and the Sybase IQ Very
Large Database Management Option), SAP Sybase Event Stream Processor and SAP Sybase PowerDesignerInformationArchitect
("collectively, RAP Components"). The RAP Components are licensed for use as part of the Program, and may not be used separately for
other purposes.
The number of cores of SAP Sybase RAP licenses that need to be purchased is equal to the sum of the number of cores of SAP Sybase ASE,
SAP Sybase IQ Enterprise Edition and SAP Sybase Event Stream Processor regardless of the number of machines on which they are used.
Licenses of SAP Sybase RAP must be purchased in blocks of three (3). Customers purchasing n cores of SAP Sybase RAP are entitled to run
n/3 cores of each of Sybase ASE Enterprise Edition, Sybase IQ Enterprise Edition and Sybase Event Stream Processor on one or more
Machines. To use more than the n/3 cores of Sybase IQ Enterprise Edition included in SAP Sybase RAP, you must purchase core licenses of
SAP Sybase RAP IQ with In-Database Analytics Enabler for each additional core.
Regardless of the number of cores licensed, SAP Sybase IQ Enterprise Edition may be used on up to two (2) machines in a multiplex
environment. To use more than two (2) machines in a multiplex, you must license the SAP Sybase RAP IQ Multiplex Grid Option for each
additional machine. Regardless of the number of cores licensed, the SAP Sybase IQ Very Large Database Management Option (the "VLDB
SAP Confidential
66
Option") may be used for databases of up to five (5) terabytes. To use the VLDB Option for databases of more than five (5) terabytes, you
must purchase additional storage licenses of the VLDB Option.
Regardless of the number of cores licensed, one CS (Concurrent Session)- License of SAP Sybase PowerDesigner InformationArchitect may
be used solely for internal development purposes.
SAP Sybase RAP does not include IMSL C Stat and C Math libraries ("IMSL Libraries"). Any references in the documentation to such libraries
and to the Sybase IQ SQL functions for time series forecasting and analysis do not apply to SAP Sybase RAP.
9.2.15
SAP Sybase Event Stream Processor and Adapters. As is true in all cases, in order to integrate or otherwise Use the licensed Software with
another third party software product, Licensee must first secure an appropriate license from the applicable third party licensor (or one of its
authorized distributors). SAP may disclose Licensee’s business name, address and license metric / level to such entities (where they are
licensors of the licensed Software to SAP or its parent, SAP AG) to assist such licensors in determining Licensee’s compliance with the
preceding sentence.
9.2.16
SAP Sybase SQL Anywhere Advanced Edition (Chip), When licensed on a “Chip” metric, a license for the following SQL Anywhere client
software is included with the Software license: (i) SQL Anywhere database interface files, (ii) Interactive SQL, (iii) Sybase Central, (iv) SQL
Anywhere Console Utility, and/or (v) SQL Anywhere database utilities.
9.2.17
SAP Sybase SQL Anywhere Standard Edition (Chip), SAP Sybase SQL Anywhere Workgroup Edition (Chip). When licensed on a “Chip”
metric, a license for the following SQL Anywhere client software is included with the Software license: (i) SQL Anywhere database interface
files, (ii) Interactive SQL, (iii) Sybase Central, (iv) SQL Anywhere Console Utility, and/or (v) SQL Anywhere database utilities.
9.2.18
SAP Sybase SQL Anywhere Standard Edition, SAP Sybase SQL Anywhere Workgroup Edition. SAP Sybase SQL Anywhere Standard Edition
is limited to Use on a maximum of four (4) Chips on a single server. SAP Sybase SQL Anywhere Workgroup Edition (i) is limited to Use on a
maximum of two (2) Chips on a single server and (ii) includes SQL Anywhere Monitor solely for non-productive Use.
9.2.19
SAP PowerDesigner / PowerAMC Products, SAP Replication Server and SAP Replication Server Optional Add-ons. Includes SAP Sybase
SQL Anywhere database, which may only be Used as the metadata repository for the PowerDesigner and/or PowerAMC Software (where
licensed) and/or Replication Server Software (where licensed) and for SQL language parsing.
9.2.20
Runtime Database in Certain Sybase Licensing Scenarios. Notwithstanding anything to the contrary, SAP Mobile Platform or Afaria DMApps, if
licensed hereunder, may require a database product in addition to any runtime database that may be licensed hereunder. The Software
Agreement does not contain a license to use any database product other than one identified in the Software Agreement. SAP makes no
representations or warranties as to the terms of any license or the operation of any database product obtained (i.e. licensed) directly from a
third party vendor by Licensee, and Licensee is responsible for support and maintenance of any database product obtained (i.e. licensed) from
a third party vendor, and SAP has no responsibility in this regard.
9.2.21
SAP Enterprise Integration for Electronic Medical Record mobile app. The SAP Software licensed hereunder is not intended for use in the
diagnosis, prevention, cure or treatment of a disease or condition or as a medical device or an accessory to a medical device. It is intended to
be used by healthcare professionals to access and view patient health information on a mobile product, such as an iPad, iPhone or other
smartphone, in order to plan and provide patient care and clinical support.
9.2.22
Replication Server Heterogeneous Edition (all versions), Replication Server Option – Microsoft (all versions), Replication Server Messaging
Edition (all versions), Mirror Activator (all versions), RAP (versions prior to 5.0), Adaptive Server Enterprise (versions prior to 15.0.3), Adaptive
Server Enterprise Cluster Edition (incl. directory services) (versions prior to 15.7), IQ (versions prior to 15.4), Replication Server Option –
Oracle (versions prior to 15.7.1). Licensee must apply and/or install any notes, corrections, patches, service packs and other software updates
for the foregoing products as soon as reasonably possible after they have been provided by Sybase or SAP in its sole discretion and to follow
any advice given by Sybase or SAP with respect to the operation of the software.
9.2.23
SAP Mobile Documents.
Mobile Access. Portions of the Software may be accessed by Named Users through a mobile application/client obtained by Named Users via
third-party websites. Customer acknowledges that the use of such mobile applications/clients is governed by the terms and conditions
presented to the Named User upon download/access to the mobile application/client and not by the terms of the Agreement. Customer
acknowledges that the third party that operates the website through which the mobile application/client is distributed may stop distributing the
mobile application/client at any time, and SAP is not responsible for the unavailability of the mobile application/client due to the actions of the
third party distributor.
APIs. The Software supports some libraries of the Content Management Interoperability Softwares (CMIS) standard implementation. SAP
does not guarantee that the Software supports the CMIS standards in their entirety. Customer may use CMIS compliant APIs (not included
with the Software) to access the Software in accordance with the Agreement (including this Supplement) and to the extent supported by SAP.
The use of APIs is at Customer’s option, and is subject to the terms below:
API Use Terms. In order to connect Customer solutions with the Software (“Customer Solutions”), Customer may use supported third party
technologies to connect the Software to Customer Solutions via APIs created by Customer. Any such connections are subject to the following
conditions:
i.
ii.
iii.
The Customer Solution must not: (i) unreasonably impair, degrade or reduce the performance or security of the Software; (ii) enable the
bypassing or circumventing of SAP license restrictions and/or provide users with access to Software to which such users are not directly
licensed; (iii) render or provide, without written consent from SAP, any information concerning SAP software license terms, SAP software, or
any other information related to SAP products, or (iv) permit mass data or metadata extraction from SAP software to non-SAP software,
including use, modification, saving or other processing of such data in the non-SAP software.
APIs are subject to ongoing changes. It is Customer’s responsibility to adapt the Customer Solution to such changes to APIs.
SAP points out that SAP is not responsible for any defect or malfunction in the Software caused by Customer-created APIs or other interfacing
code.
SAP Confidential
67
9.2.24
SAP Sybase Replication Server, Real-Time Loading Edition. The Use of SAP Sybase Replication Server, Real-Time Loading Edition is limited
for the sole purpose of loading data into SAP Sybase IQ (whether licensed under the Agreement or separately by Licensee). The Use of any
other database product (whether licensed under the Agreement or separately by Licensee) by or by way of the SAP Sybase Replication
Server is strictly prohibited.
9.2.25
SAP Sybase Replication Server, change data capture edition. SAP Sybase Replication Server, change data capture edition includes a limited
runtime license of SAP Sybase ASE Enterprise Edition to be used only in conjunction with SAP Sybase Replication Server, change data
capture edition. The Use of any other database product (whether licensed under the Agreement or separately by Licensee) by or by way of the
SAP Sybase Replication Server is strictly prohibited.
9.2.26
SAP Sybase Replication Server, SAP HANA edition. The Use of SAP Sybase Replication Server, SAP HANA edition is limited for the sole
purpose of loading data into SAP HANA (whether licensed under the Agreement or separately by Licensee). The Use of any other database
product (whether licensed under the Agreement or separately by Licensee) by or by way of the SAP Sybase Replication Server is strictly
prohibited.
9.2.27
SAP Sybase Replication Server, heterogeneous edition. Licensee may Use SAP Sybase Replication Server, heterogeneous edition with SAP
Sybase ASE, IBM DB2, Oracle, and Microsoft SQL Server databases. The Use of any other database product (whether licensed under the
9.2.28
SAP ASE Cluster Edition. In order for SAP ASE Cluster Edition to operate with other SAP Software, additional licenses for SAP ASE Cluster
Edition optional components may be required. Unless otherwise agreed by SAP, Sybase ASE Runtime Edition cannot be deployed on the
same installation as any other SAP Sybase ASE software that is not SAP Sybase ASE Runtime Edition.
9.2.29
SAP EAServer Workgroup Edition may only be deployed on a single server having a maximum of 2 Cores. For the avoidance of doubt, Use of
the included Jaguar CTS® component is also limited to a single server having a maximum of 2 Cores.
9.2.30
SAP EAServer Advanced Edition. Use of the included Jaguar CTS® component is limited to a single server.
9.2.31
SAP Mobile Shopping and Loyalty Bundle.
SAP Mobile Shopping and Loyalty Bundle includes the SAP Sybase 365 Money Mobiliser Platform. Use of SAP Sybase 365 Money Mobiliser
Platform is limited to support of Mobile Shopping and Loyalty bundle only. Any additional use of the platform requires purchase of additional
licenses.
10.
SAP HANA
10.1
Definitions
10.1.1
Data Sources. Any software product(s) and/or database instance(s) for which Licensee has secured an appropriate license.
10.1.2
Non-SAP Applications. Any software and/or applications, other than Software or Third Party Software, for which Licensee has secured an
appropriate license from an entity other than SAP, SAP AG, and/or any of its/their subsidiaries and/or distributors.
10.2
Where SAP HANA Is Not Contractually Restricted to Standalone Use.
10.2.1
SAP HANA, Platform Edition. SAP HANA Platform may be used with an unlimited number of Data Sources, and such use is subject to the
applicable Licensed Level.
10.2.2
SAP HANA, Enterprise Edition. SAP HANA Enterprise may be Used with an unlimited number of Data Sources, and such Use is subject to the
applicable Licensed Level. SAP HANA Enterprise currently includes a runtime license of SAP Business Objects Data Integrator (“DI”) and SAP
System Landscape Transformation (“SLT”), and Use of such runtime products shall be limited solely to extracting data from Data Sources into
SAP HANA Enterprise.
10.2.3
SAP HANA, Edge Edition. SAP HANA Edge may be Used with an unlimited number of Data Sources, and such Use is subject to the
applicable Licensed Level and further limited to Use by no more than a maximum of fifty (50) SAP Named Users (no SAP Named User
licenses are included as part of the SAP HANA Edge license). SAP HANA Edge currently includes a runtime license of SAP Business Objects
Data Integrator (“DI”) and SAP System Landscape Transformation (“SLT”), and Use of such runtime products shall be limited solely to
extracting data from Data Sources into SAP HANA Edge.
10.2.4
The following limited – use versions of SAP HANA: SAP HANA Runtime edition for SAP BW; SAP HANA Database Edition for SAP BW; SAP
HANA Limited Runtime edition for Applications and SAP BW; SAP HANA Limited Runtime edition for Applications; or SAP HANA Limited
Runtime edition for Applications-User, may be deployed in the same installation as any other SAP HANA edition provided at least 50% of the
installation is being used to operate one or more of the following SAP HANA Licenses: SAP HANA Base Edition, HANA Platform Edition; SAP
HANA Enterprise Edition.
10.3
Where SAP HANA Software Is Contractually Restricted to Standalone Use.
10.3.1
Standalone Use of HANA Platform. SAP HANA Platform may be used with an unlimited number of Data Sources, such use being subject to
the Standalone use restriction and the applicable Licensed Level.
10.3.2
Standalone Use of HANA Enterprise. SAP HANA Enterprise may be Used with an unlimited number of Data Sources, such Use being subject
to the Standalone Use restriction and the applicable Licensed Level. SAP HANA Enterprise currently includes a runtime license of SAP
Business Objects Data Integrator (“DI”) and SAP System Landscape Transformation (“SLT”), and Standalone Use of such runtime products
shall be limited solely to extracting data from Data Sources into SAP HANA.
SAP Confidential
68
10.3.3
Standalone Use of SAP HANA, Edge Edition. SAP HANA Edge may be Used with an unlimited number of Data Sources, such Use being (i)
subject to the Standalone Use restriction and applicable Licensed Level and (ii) further limited to Use by no more than a maximum of fifty (50)
SAP Named Users authorized for Standalone Use (no SAP Named User licenses are included as part of the SAP HANA Edge license). SAP
HANA Edge currently includes a runtime license of SAP Business Objects Data Integrator (“DI”) and SAP System Landscape Transformation
(“SLT”), and Standalone Use of such runtime products shall be limited solely to extracting data from Data Sources into SAP HANA Edge.
10.3.4.
The following limited – use versions of SAP HANA: SAP HANA Runtime edition for SAP BW; SAP HANA Database Edition for SAP BW; SAP
HANA Limited Runtime edition for Applications and SAP BW; SAP HANA Limited Runtime edition for Applications; or SAP HANA Limited
Runtime edition for Applications-User, may be deployed in the same installation as any other SAP HANA edition provided at least 50% of the
installation is being used to operate one or more of the following SAP HANA Licenses: SAP HANA Base Edition, HANA Platform Edition; SAP
HANA Enterprise Edition.
10.4
SAP HANA DB Edition for SAP NetWeaver BW (“HANA DB for BW”).
10.4.1
SAP HANA database edition for SAP NetWeaver BW (“HANA DB for BW”). HANA DB for BW is a database licensed solely to support
Licensee’s Use of SAP NetWeaver Business Warehouse (SAP BW) and Use is limited to communications between SAP BW and HANA DB for
BW. HANA DB for BW may support an unlimited number of Data Sources, subject to the applicable Licensed Level. Any access to HANA DB
for BW, including but not limited to data loading, modeling, reporting and distribution, must take place via SAP BW. HANA DB for BW may not
be used as a database for any other purpose except as specified in this section. HANA DB for BW includes a runtime license of HANA Studio
and access is solely to administer and manage SAP BW and perform additional data modeling required to extract or report on SAP BW
generated data and objects. HANA DB for BW does not include a license for SAP BW. Standalone Use of HANA DB for BW is not permitted.
10.5
SAP HANA, Runtime Edition for SAP NetWeaver BW (“HANA Runtime for BW”)
SAP HANA, Runtime Edition for SAP NetWeaver BW licensed by SAP Maintenance Base Value
HANA Runtime for BW is a database licensed solely to support Licensee’s Use of SAP NetWeaver Business Warehouse (SAP BW) and Use
is limited to communications between SAP BW and HANA Runtime for BW. HANA Runtime for BW may support an unlimited number of Data
Sources unlimited use of SAP Business Warehouse Accelerator, subject to the applicable Licensed Level. Any access to HANA Runtime for
BW, including but not limited to data loading, modeling, reporting and distribution, must take place via SAP BW. HANA Runtime for BW may
not be used as a database for any other purpose except as specified in this section. HANA Runtime for BW includes a runtime license of
HANA Studio and access is solely to administer and manage SAP BW and perform additional data modeling required to extract or report on
SAP BW generated data and objects. HANA Runtime for BW does not include a license for SAP BW. Standalone Use of HANA Runtime for
BW is not permitted.
Unless otherwise agreed by SAP, HANA DB for BW includes licenses for SAP Near-line storage for SAP BW (NLS for BW). NLS for
BW includes a runtime license of Sybase IQ Enterprise Edition, Sybase IQ Enterprise Edition-Very Large Database Management Option and
Sybase IQ Enterprise Edition-Unstructured Data Analytics Option which may solely be used with SAP BW.
In the event that Licensee’s additional licensing of SAP Software or Third Party Software changes the SMBV, Licensee shall be obliged to
license the respective additional quantity of HANA Runtime for BW.
10.6
SAP HANA Limited Runtime Edition for Applications
10.6.1
(This paragraph applies solely to SAP HANA Limited Runtime Edition for Applications licensed by SAP Maintenance Base Value)
SAP HANA Limited Runtime Edition for Applications is licensed as a runtime database (“HANA LREA”) for use solely in conjunction with
Licensee’s use of its SAP Software and/or Third Party Software, and solely to the extent such Software components are licensed by Licensee
(“HANA LREA Supported Software”).The HANA LREA runtime license includes a runtime license for Sybase ASE and MaxDB databases,
subject to these provisions. The Documentation for HANA LREA, Sybase ASE and MaxDB runtime databases contains information regarding
release(s) / version(s) of HANA LREA Supported Software supported on such runtime databases.
The licensee fee for HANA LREA is calculated on the basis of either (i) the SAP Maintenance Base Value (SMBV) for Licensee’s HANA LREA
Supported Software as set out in the Software Agreement or (ii) where Licensee will be using SAP HANA LREA solely with one or more
applications licensed from SAP or an authorized SAP distributor as listed at http://www.sap.com/hanalimitededition (“HANA Apps”), the total
license fees for such HANA Apps. In the event that Licensee licenses additional SAP Software or Third Party Software for use in conjunction
with HANA LREA (thus increasing the SMBV for HANA LREA Supported Software), this further use of HANA LREA is subject to a written
software license agreement with SAP and payment of the respective additional license fees for HANA LREA as calculated from the increase of
the SMBV for HANA LREA Supported Software except when licensed for HANA Apps.
10.6.2
(This paragraph applies solely to SAP HANA Limited Runtime Edition for Applications licensed by User)
SAP HANA Limited Runtime Edition for Applications (User) is licensed as a runtime database (“HANA LREA”) licensed for use solely in
conjunction with Licensee’s use of its SAP Software and/or Third Party Software, and solely to the extent such Software components are
licensed by Licensee (“HANA LREA Supported Software”) and subject to the Licensed Level for HANA LREA as agreed in the Software
Contract. The number of Users licensed by Licensee for the HANA LREA Supported Software in their Licensed Level is the basis for the
HANA LREA Licensed Level and the corresponding HANA LREA license fee. For purposes of calculating the license fee for HANA LREA,
SAP Employee, SAP Employee Self-Service and SAP Employee Self-Service Core Named Users are excluded, however, any SAP
Employee, SAP Employee Self-Service and SAP Employee Self-Service Core Named Users licensed by Licensee are allowed to use HANA
LREA subject to these terms and the license for such Named Users. The Documentation for HANA LREA runtime database contains
information regarding release(s) / version(s) of HANA LREA Supported Software supported on such runtime database. In the event that
Licensee licenses additional SAP Software or Third Party Software for use in conjunction with HANA LREA (thus increasing the number of
Users for HANA LREA Supported Software), this further use of HANA LREA is subject to a written Software Agreement with SAP and
payment of the respective additional license fees for HANA LREA as calculated from the increase of Users for HANA LREA Supported
Software.
SAP Confidential
69
The following Sections refer to both License Metrics for SAP HANA Limited Runtime Edition for Applications:
10.6.3
Use of HANA LREA is limited to communications and data exchange between HANA LREA Supported Software and HANA LREA via officially
supported HANA LREA interfaces. All data loading, modeling, reporting and distribution, creation and extension of tables used in HANA LREA
must be performed via the HANA LREA Supported Software. HANA LREA includes a runtime license of the HANA Studio solely limited to
administering, monitoring and creation of custom views within the HANA LREA database instance.
10.6.4
HANA LREA currently includes a runtime license of SAP Business Objects Data Integrator (“DI”) and SAP System Landscape Transformation
(“SLT”), and use of such runtime products shall be limited solely to extracting data from appropriately licensed data sources into HANA LREA
for use with the HANA LREA Supported Software.
10.6.5
HANA LREA may be used to run an Embedded BW as defined herein. “Embedded BW” is defined as a BW system running on the sam e
installation as the HANA LREA Supported Software. Embedded BW can only be used for reporting and analysis in context of such HANA
LREA Supported Software and can only access local application data using queries. In particular, Embedded BW cannot be used to access
and/or consolidate application data from other SAP or non-SAP systems. All application-specific web templates must be created and stored in
the installation, serving as a central store. Embedded BW also has restrictions for multi-client backend systems as outlined in SAP
note 1358744.
10.6.6
HANA LREA and HANA LREA Supported Software as used with HANA LREA may not include all functionalities and features that are
available when such products are used separately; details are described in the respective Documentation. SAP points out that Licensee may
have to install a HANA LREA-compatible release of the HANA LREA Supported Software in order to enable certain business functions or
provide configuration as described above. Future releases of HANA LREA developed for use with HANA LREA Supported Software may not
be compatible with current releases and may not be available via the respective SAP Support offering. Technical migration from HANA LREA
Supported Software to another release of the SAP Software and/or Third Party Software as used separately from HANA LREA and/or to
another database offering may not be possible.
10.7
SAP HANA related apps
HANA Studio may be used for application specific data modeling including, but not limited to, table creation and extensions. Application
specific reporting can be performed directly via HANA.
10.7.1
SAP Customer Value Intelligence
SAP Customer Value Intelligence includes rights of all of these products but the usage rights are limited to the use within Customer Value Intelligence.
Price List Item Name
Material Code
BA&T SAP BusinessObjects Business
Intelligence Platform (user)
BA&T SAP BusinessObjects Web
Intelligence (user)
BA&T SAP BusinessObjects Dashboard
(user)
SAP Application BI Limited User
7011294
BI Platform capabilities are included in the CVI license
7011300
Web Intelligence capabilities are included in the CVI license
7011306
BO Dashboard capabilities are included in the CVI license
7011290
SAP Audience Discovery and Targeting
7015894
10 user licenses of SAP Application BI Limited Users are
included for the usage of Customer Value intelligence
Up to 1M segmentation records included, as per standard
restrictions for this material code. For higher volumes,
additional Audience Discover and Targeting license blocks will
need to be purchased.
10.7.2
Description of Entitlements of Individual Items vs. Bundle
SAP Fraud Management, SAP Fraud Management for Public Sector, SAP Fraud Management for Insurance
Licensee is allowed to create new tables and new views (database views, analytical views, projection views, attribute views, calculation views,
etc.) on the database as long as they are used in the context of the SAP Fraud Management solution (e.g. to setup rules which access these
tables/views). For SAP Fraud Management and SAP Fraud Management for Insurance, Licensee is also allowed to use 1 User of Predictive
Analysis / SAP InfiniteInsight Modeler within the Fraud solution context. For SAP Fraud Management for Public Sector, Licensee is also
allowed to use 3 Users of Predictive Analysis / SAP InfiniteInsight Modeler within the Fraud solution context.
10.7.3
SAP Social Contact Intelligence
SAP Audience Discovery & Targeting is included for up to 1 mio segmentation records.
10.8
SAP HANA Base Edition
Use is limited solely to the following SAP HANA features and functionality: Partitioning, Compression, Security, Calculation engine, aggregation
engine, XS Engine, UI Services, SQL scripting engine, HANA Studio, Backup/Recovery, Multi-tenancy, System Virtualization Support, Control
Center, Business Rules Management, Business Function Library, Smart Data Access.
SAP Confidential
70
10.9
SAP HANA Base Edition, Options
10.9.1
SAP HANA, Predictive Option. Use is limited solely to the following HANA predictive features: Predictive Analysis Library, ‘R’ connector and
the SAP InfiniteInsights Engine Runtime Software.
10.9.2
SAP HANA Base Edition, Spatial Option. Use is limited solely to the SAP HANA Spatial Engine.
10.9.3
SAP HANA Base Edition, Advanced Data Processing Option.Use is limited solely to the following HANA engines: Search Engine, Text
Analysis Engine and Graph Engine.
10.9.4
SAP HANA Base Edition, Planning Option. Use is limited solely to the HANA Planning engine.
10.10
SAP HANA, Multi-Tier Storage Option
Includes the following Runtime Software: Sybase IQ Enterprise Edition, Sybase IQ Enterprise Edition-Very Large Database Management
Option and Sybase IQ Enterprise Edition-Unstructured Data Analytics Option.
10.11
SAP HANA, Realtime Replication Option
Includes the following Runtime Software: SAP System Landscape Transformation (“SLT”), SAP Sybase Replication Server – HANA Edition
and SAP Sybase SQL Anywhere Standard edition. Use of such Runtime Software shall be limited solely to extracting data from Data Sources
into SAP HANA or between multiple HANA database instances.
10.12
SAP HANA Data Management Option
SAP HANA Data Management Option includes the following Runtime Software: BA&T SAP Data Services and BA&T SAP Information
Steward. Use of such runtime products shall be limited solely to extracting and cleansing data from Data Sources into SAP HANA or between
multiple SAP HANA database instances.
10.13
SAP HANA Data Streaming Option
SAP HANA Data Streaming Option includes the following Runtime Software: SAP Sybase Event Stream Processor. Use of such Runtime
Software shall be limited solely to streaming data from any supported Data Sources into SAP HANA or between multiple SAP HANA database
instances.
10.14
SAP Near-line storage for BW
SAP Near-line storage for SAP BW includes a runtime license of Sybase IQ Enterprise Edition, Sybase IQ Enterprise Edition-Very Large
Database Management Option and Sybase IQ Enterprise Edition-Unstructured Data Analytics Option. Use of Sybase IQ Enterprise Edition
and Sybase IQ Enterprise Edition-Unstructured Data Analytics Option is limited to a maximum of 32 cores each, solely for use with SAP BW.
10.15
10.15.1
SAP HANA, Limited Runtime Edition for Applications and SAP BW
SAP HANA Limited Runtime Edition for Applications and SAP BW licensed by SAP Maintenance Base Value.
SAP HANA Limited Runtime Edition for Applications and SAP BW is licensed as a runtime database (“HANA LREAB”) for Use solely in
conjunction with Licensee’s Use of applicable Software and/or Third Party Software, and solely to the extent such Software components are
licensed by Licensee (“HANA LREAB Supported Software”). The HANA LREAB runtime license includes a runtime license for Sybase ASE
and MaxDB databases, subject to these provisions. The Documentation for HANA LREAB, Sybase ASE and MaxDB runtime databases
contains information regarding release(s) / version(s) of HANA LREAB Supported Software supported on such runtime databases. The license
fee for HANA LREAB is calculated on the basis of either (i) the SAP Maintenance Base Value for Licensee’s HANA LREAB Supported
Software or (ii) where Licensee will be using SAP HANA LREAB solely with one or more applications licensed from SAP or an authorized SAP
distributor as listed at http://www.sap.com/hanalimitededition (“HANA Apps”), the total license fees for such HANA Apps.
Except when licensed for SAP HANA Apps, Licensee shall pay additional license fees for HANA LREAB in the event Licensee’s SAP
Maintenance Base Value increases.
Use of HANA LREAB is limited to communications and data exchange between HANA LREAB Supported Software and HANA LREAB, via
officially supported HANA LREAB interfaces. All data loading, modeling, reporting and distribution, creation and extension of tables used in
HANA LREAB must be performed via the HANA LREAB Supported Software. HANA LREAB includes a runtime license of the HANA Studio
solely limited to administering and monitoring and creation of custom views the HANA LREAB database instance.
HANA LREAB includes a runtime license of SAP Business Objects Data Integrator (“DI”) and SAP System Landscape Transformation (“SLT”),
and Use of such runtime products shall be limited solely to extracting data from appropriately licensed data sources into HANA LREAB for use
with the HANA LREAB Supported Software. HANA LREAB includes unlimited use of SAP Business Warehouse Accelerator and licenses for
SAP Near-line storage for SAP BW (NLS for BW). NLS for BW includes a runtime license of Sybase IQ Enterprise Edition, Sybase IQ
Enterprise Edition-Very Large Database Management Option and Sybase IQ Enterprise Edition-Unstructured Data Analytics Option which
may solely be used with SAP BW.
HANA LREAB and HANA LREAB Supported Software as Used with HANA LREAB may not include all functionalities and features that are
available when such products are Used separately; details are described in the Documentation. Licensee acknowledges that Licensee may
have to install a HANA LREAB-compatible release of the HANA LREAB Supported Software in order to enable certain business functions or
provide configuration as described above. Future releases of HANA LREAB developed for Use with HANA LREAB Supported Software may
not be compatible with current releases and may not be available via the respective SAP Support offering. Technical migration from HANA
LREAB Supported Software to another release of the Software and/or Third Party Software as used separately from HANA LREAB and/or to
another database offering may not be possible.
10.15.2
SAP HANA Limited Runtime Edition for Applications and SAP BW licensed by User.
SAP HANA Limited Runtime Edition for Applications and SAP BW (User) is licensed as a runtime database (“HANA LREAB”) licensed for Use
solely in conjunction with Licensee’s Use of applicable Software and/or Third Party Software, and solely to the extent such Software
components are licensed by Licensee (“HANA LREAB Supported Software”) and subject to the Licensed Level for HANA LREAB. SAP
Employee, Employee Self-Service and Employee Self Service Core Named Users are excluded for purposes of determining the quantity of
SAP Confidential
71
licensed Users; however, all SAP Employee Self-Service, Employee Self-Service Core and Employee Named Users are additionally licensed
to Use HANA LREAB subject to these terms and the license for such Named Users. The Documentation for HANA LREAB runtime database
contains information regarding release(s) / version(s) of HANA LREAB Supported Software supported on such runtime databases.
Use of HANA LREAB is limited to communications and data exchange between HANA LREAB Supported Software and HANA LREAB, via
officially supported HANA LREAB interfaces. All data loading, modeling, reporting and distribution, creation and extension of tables used in
HANA LREAB must be performed via the HANA LREAB Supported Software. HANA LREAB includes a runtime license of the HANA Studio
solely limited to administering and monitoring and monitoring and creation of custom views the HANA LREAB database instance.
HANA LREAB includes a runtime license of SAP Business Objects Data Integrator (“DI”) and SAP System Landscape Transformation (“SLT”),
and Use of such runtime products shall be limited solely to extracting data from appropriately licensed data sources into HANA LREAB for use
with the HANA LREAB Supported Software. HANA LREAB and HANA LREAB Supported Software as Used with HANA LREAB may not
include all functionalities and features that are available when such products are Used separately; details are described in the Documentation.
Licensee acknowledges that Licensee may have to install a HANA LREAB-compatible release of the HANA LREAB Supported Software in
order to enable certain business functions or provide configuration as described above. Future releases of HANA LREAB developed for Use
with HANA LREAB Supported Software may not be compatible with current releases and may not be available via the respective SAP Support
offering. Technical migration from HANA LREAB Supported Software to another release of the Software and/or Third Party Software as used
separately from HANA LREAB and/or to another database offering may not be possible.
11.
12.
N.A.
N.A.
13.
Line of Business Portfolio
13.1
SAP visual Enterprise
13.1.1 SAP Visual Enterprise Generator, SAP Visual Enterprise View Edition Generator and Optional Add-Ons. The SAP Visual Enterprise Software
(f/k/a Right Hemisphere) licensed hereunder may include certain third party open source and/or other free download components (collectively, the “Free
Download Components”). Please refer to http://www.righthemisphere.com/oslicenses.html for certain notices relating to the Free Download
Components. Notwithstanding anything to the contrary, an individual accessing any licensed SAP Visual Enterprise Software solely to view output files
therefrom shall not be required to hold an SAP Named User license. SAP Visual Enterprise Viewer software is made available to Licensees of licensed
Visual Enterprise Generator, Visual Enterprise Access and/or Visual Enterprise Author software at no additional license fee.
14.
SAP ERP Foundation Extension
SAP ERP Foundation Extension (“SAP EFE”): includes the following Runtime Software:
SAP Fiori
SAP Access Control, starter edition
SAP NetWeaver Single Sign-on – Internal
SAP NetWeaver Process Integration (limited to the license metric of one (1) Core per customer irrespective of the number of
licensed quantity of SAP EFE, and BA&T SAP BI, Version for SAP Applications.
SAP Confidential
72
Exhibit 4 - Pass Through Terms for Third Party Databases
SAP may deliver SAP software containing a database product where the end user is not entitled to use the database unless he/she has acquired the
requisite number of licenses from the database vendor or its authorized distributor. Such deliveries are reported to the database vendor.
Conditions for the use of ORACLE® Database Software when licensed from SAP
1.
1.1
1.2
1.3
1.8
Copyright
The comprehensive copyright to Oracle software is the sole property of the Oracle Corporation, Redwood Shores, CA, USA.
Third party database applications for system administration, monitoring and management may directly access the Oracle database.
The customer shall only use the Oracle software in connection with the SAP Software and only for the purposes of its own internal data
processing which includes access of third party user such as contractor, supply chain vendor or supplier, customer, or third party individual
authorized by the customer. It is allowed to customize the SAP software or to create additional functionality, new applications, or to support
third party database applications which only interface with them (example: via RFC, BAPI) Third party database applications or new
functionality or new applications which may directly access the Oracle database or indirectly access information contained therein are not
allowed.
The customer shall assign the Oracle software only to wholly owned or majority owned subsidiaries. Assignment to competitors of Oracle is
prohibited.
In view of its limited rights of use, the customer shall neither modify, decompile nor reverse engineer the Oracle software except and to the
extent that it is expressly permitted by applicable law.
The Oracle software may only be used in the country or countries for which the customer has acquired a license. The customer hereby
undertakes to adhere to all regulations of the US Department of Commerce and the American export authorities.
The use of Oracle software for the planning, production, control or monitoring of nuclear power stations, air traffic, means of mass
transportation or medical equipment is not permitted, unless such use is limited to commercial or purely administrative applications.
The customer is not entitled to receive the source code for the Oracle software.
2.
2.1
Other Conditions
The publication of benchmark tests for the Oracle software is not permitted.
1.4
1.5
1.6
1.7
Conditions for the use of the Microsoft SQL-Server
Conditions for the use of the Microsoft SQL-Server when licensed by SAP
For the purpose of this Section “Integrated Application” shall be defined as SAP software integrating the Microsoft SQL Server Database.
The Microsoft SQL Server Database may contain the following software:
“Server Software” provides services or functionality on your server (your computers capable of running the Server Software are “Servers”);
“Client Software” allows an electronic device (“Device”) to access or utilize the Server Software.
1.
GRANT OF LICENSE.
This Third-Party Database is licensed and delivered to you solely for use as part of the SAP software. SAP grants you the following rights to
the Microsoft SQL Server Database, provided you comply with all of the terms and conditions of this license:
Installation -- Server Software. You may install and use one copy of the Server Software, as part of the SAP Software, on each single Server
on which you install the Integrated Application.
SQL Server, Enterprise Edition. If you have acquired the Enterprise Edition of the Server Software, which must be indicated on your license to use
the SAP software, you may install any number of instances of the Server Software on that Server. An “instance” shall mean a running copy of the
Server Software.
Client Software. You may install the Client Software (SQL Server Personal Edition) on any internal Device, provided that you acquire the access
license rights required for each use of the Integrated Application utilizing the Client Software on such Device as specified below.
SQL Server Access Requirements. You may use the Client Software only to access, configure, administer, or otherwise use the Server
Software in conjunction with and as part of the SAP Software. You must acquire a Third-Party Database access license right for each use of
any Device that:
accesses or otherwise utilizes the services of the Server Software (including Devices using MSDE for such access), or
installs and uses SQL Server Personal Edition, or
uses the Management Tools, Books-Online, and Development Tools components of Microsoft SQL Server (collectively “Tools”). You
may only use the Tools for internal use in conjunction with your Server Software.
Reservation of Rights. SAP and Microsoft reserve all rights not expressly granted to you in this license.
Benchmark Testing. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the
software. However, this does not apply to the Windows components.
Downgrades. Instead of installing and using the Server Software, you may install and use an earlier version of the Server Software in
accordance with this license, provided that you completely remove such earlier version and install the original Server Software within a
reasonable time. Your use of such earlier version shall be governed by this license, and your rights to use such earlier version shall terminate
when you install the original Server Software.
SAP Confidential
73
Runtime-Restricted use Software. This Microsoft SQL Server Database is “Runtime-Restricted Use” software; as such, the Microsoft SQL
Server Database may only be used to run the SAP Application. The Microsoft SQL Server Database may not be used either (i) to develop any
new software applications, (ii) in conjunction with any software applications, databases or tables other than those contained in the SAP
Software, and/or (iii) as a standalone software application. The foregoing provision, however, does not prohibit you from using a tool to run
queries or reports from existing tables, and/or from using a development environment or workbench which is part of the SAP Software to
configure or extend such SAP Software.
2.
SCOPE OF LICENSE.
The software is licensed, not sold. This agreement only gives you some rights to use the software. SAP and Microsoft reserve all other rights.
Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In
doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see
www.microsoft.com/licensing/userights. You may not:
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits,
despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in
software or devices that access that device.
3.
NO HIGH RISK USAGE.
The Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted. You may not use the Products in any
application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or
environmental damage (“High Risk Use”). Examples of High Risk Use include, but are not limited to:
aircraft or other modes of human mass transportation,
nuclear or chemical facilities,
life support systems,
implantable medical equipment,
motor vehicles, or
weaponry systems.
High Risk Use does not include utilization of Products for administrative purposes, to store configuration data, engineering and/or configuration
tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental
damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or
indirectly responsible for the control function. You agree to indemnify and hold harmless SAP and Microsoft Corporation from any third-party
claim arising out of Customer’s use of the Products in connection with any High Risk Use.
4.
TRANSFER – Internal.
You may move the Server Software to a different Server, provided that it is removed from the Server from which it is transferred and provided
that it is transferred as part of the Integrated Application.
Transfer to Third Party. The initial user of the Microsoft SQL Server Database may make a one-time transfer of the Third-Party Database to
another end user, provided that it is transferred as part of the SAP Software. The transfer has to include all component parts, media, printed
materials, this license, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment.
Prior to the transfer, the end user receiving the transferred Microsoft SQL Server Database must agree to all the license terms.
5.
LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Microsoft SQL Server Database, except and only to the extent that it is
expressly permitted by applicable law notwithstanding this limitation.
6.
TERMINATION.
Without prejudice to any other rights, Licensor may cancel this license if you do not abide by the terms and conditions of this license, in which
case you must destroy all copies of the Microsoft SQL Server Database and all of its component parts.
7.
EXPORT RESTRICTIONS.
You acknowledge that Software is subject to U.S. export jurisdiction unless otherwise indicated by Microsoft. You agree to comply with all
applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as enduser, end-use and destination restrictions issued by U.S. and other governments. For additional information, see
http://www.microsoft.com/exporting/.
8.
U.S. GOVERNMENT LICENSE RIGHTS.
All Microsoft SQL Server Databases provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and restrictions described elsewhere herein. All Microsoft SQL Server Databases provided to the
U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48
CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
SAP Confidential
74
9.
COPYRIGHT and OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES
The Microsoft SQL Server Database is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own
the title, copyright, and other intellectual property rights in the Microsoft SQL Server Database. The Microsoft SQL Server is licensed, not sold.
10.
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. SAP HAS INDEPENDENTLY DETERMINED HOW TO USE THE
MS SQL SERVER DATABASE IN THE INTEGRATED APPLICATION THAT IT IS LICENSING TO YOU, AND MICROSOFT HAS RELIED ON
SAP TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE MS SQL SERVER DATABSE IS SUITABLE FOR SUCH USE.
11.
NO WARRANTIES BY MICROSOFT. YOU AGREE THAT IF YOU HAVE RECEIVED ANY WARRANTIES WITH REGARD TO EITHER (A)
THE MS SQL SERVER DATABASE, OR (B) THE INTEGRATED APPLICATION, THEN THOSE WARRANTIES ARE PROVIDED SOLELY
BY SAP AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MICROSOFT.
12.
NO LIABILITY OF MICROSOFT FOR CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MICROSOFT SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING
FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MS SQL SERVER DATABASE OR THE INTEGRATED
APPLICATION. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL
MICROSOFT BE LIABLE FOR ANY AMOUNT IN EXCESS OF TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00).
13.
SEVERABILITY. If a court holds any provision of this agreement to be illegal, invalid or unenforceable, the remaining provisions will continue
in full force and effect and the parties will amend this agreement to give effect to the stricken clause to the maximum extent possible.
Conditions for the Use of the Microsoft SQL-Server when previously licensed by Microsoft or Microsoft Distributor
The SAP software containing a copy of the Microsoft SQL-Server, which has been integrated or installed as a component of this SAP
software. All Microsoft products are subject to the terms of the Microsoft License Agreement with end users which is included in the software
package or the license agreements shipped with the Microsoft SQL-Server. An exception hereto is that the functionality of a Microsoft product
as an integrated part of an SAP solution can differ from the functionality of a non-integrated Microsoft product. All inquiries relating to the
functionality or performance of the SAP solution with Microsoft products should therefore be addressed to SAP and not to Microsoft. The SAP
product does not contain a license for the integrated Microsoft product. You are therefore not entitled to use the copy of the Microsoft SQLServer contained in this product and you will not receive a license for such use unless you have acquired or otherwise have at your disposal
the same number of client/server licenses as user licenses acquired for the SAP software. By concluding this contract with SAP you represent
and warrant that you have previously acquired a Microsoft license for SQL-Server end users and to conclude a corresponding license
agreement.
When SAP delivers an updated version of the SAP software containing an updated version of the integrated Microsoft product, the end user is
not entitled to use the updated version of the Microsoft product unless he/she has acquired the requisite number of client/server licenses from
an authorized Microsoft distributor.
SAP Confidential
75
Conditions for Use of Third Party Databases with SAP Business One Software
Microsoft SQL Server 2008, Standard Edition (Server Proc Runtime) Software
These license terms are an agreement between the licensor of the software application or suite of applications with which you acquired the Microsoft
software (“Licensor”) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any.
The terms also apply to any Microsoft
updates,
supplements, and
Internet-based services
for this software, unless other terms accompany those items. If so, those terms apply. Microsoft Corporation or one of its affiliates (collectively,
“Microsoft”) has licensed the software to Licensor.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD,
RETURN IT TO THE PLACE OF PURCHASE FOR A REFUND OR CREDIT.
These terms supersede any electronic terms which may be contained within the software. If any of the terms contained within the software conflict with
these terms, these terms will control.
1.
OVERVIEW.
a. Software. The software includes
server software; and
additional software that may only be used with the server software directly, or indirectly through other additional software.
b.
License Model. The software is licensed based on
the number of physical and virtual processors used by operating system environments in which you run instances of the server software.
c.
Licensing Terminology.
Instance. You create an “instance” of software by executing the software’s setup or install procedure. You also create an instance of
software by duplicating an existing instance. References to software in this agreement include “instances” of the software.
Run an Instance. You “run an instance” of software by loading it into memory and executing one or more of its instructions. Once
running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
Operating System Environment. An “operating system environment” is
all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which
enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and
instances of applications, if any, configured to run on the operating system instance or parts identified above.
There are two types of operating system environments, physical and virtual. A physical operating system environment is configured to run
directly on a physical hardware system. The operating system instance used to run hardware virtualization software (e.g. Microsoft Virtual
Server or similar technologies) or to provide hardware virtualization services (e.g. Microsoft virtualization technology or similar
technologies) is considered part of the physical operating system environment. A virtual operating system environment is configured to
run on a virtual (or otherwise emulated) hardware system. A physical hardware system can have either or both of the following:
one physical operating system environment
one or more virtual operating system environments.
Server. A “server” is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a
separate physical hardware system.
Physical and Virtual Processors. A physical processor is a processor in a physical hardware system. Physical operating system
environments use physical processors. A virtual processor is a processor in a virtual (or otherwise emulated) hardware system. Virtual
operating system environments use virtual processors. A virtual processor is considered to have the same number of threads and cores
as each physical processor on the underlying physical hardware system.
Assigning a License. To “assign a license” means simply to designate that license to one server.
2.
USE RIGHTS.
a. Licensing a Server. Before you run instances of the server software on a server, you must determine the required number of software
licenses and assign those licenses to that server as described below.
i.
Determining the Number of Licenses Required. You must first determine the number of software licenses you need. The total number
of software licenses required for a server equals the sum of the software licenses required under (A) and (B) below.
(A) To run instances of the server software in the physical operating system environment on a server, you need a software license for
each physical processor that the physical operating system environment uses.
(B) To run instances of the server software in virtual operating system environments on a server, you need a software license for each
virtual processor that each of those virtual operating system environments uses. If a virtual operating system environment uses a
fraction of a virtual processor, the fraction counts as a full virtual processor.
b.
Assigning the Required Number of Licenses to the Server.
i. After you determine the number of software licenses you need for a server, you must assign that number of software licenses to that
server. That server is the licensed server for all of those licenses. You may not assign the same license to more than one server. A hardware
partition or blade is considered to be a separate server.
SAP Confidential
76
ii.
You may reassign the software license, but not within 90 days of the last assignment. You may reassign a software license sooner if you
retire the licensed server due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes
the new licensed server for that license.
c.
Running Instances of the Server Software. For each server to which you have assigned the required number of software licenses, you may
run, at any one time, any number of instances of the server software in physical and virtual operating system environments on the licensed
server. However, the total number of physical and virtual processors used by those operating system environments cannot exceed the number
of software licenses assigned to that server.
d.
Running Instances of the Additional Software. You may run or otherwise use any number of instances of additional software listed below in
physical or virtual operating system environments on any number of devices so long as the additional software is used only in conjunction with
the integrated software turnkey application or suite of applications (the “Unified Solution”) delivered by or on behalf of the Licensor. You may
use additional software only with the server software directly or indirectly through other additional software.
Business Intelligence Development Studio
Client Tools Backward Compatibility
Client Tools Connectivity
Client Tools Software Development Kit
Management Studio
Microsoft Sync Framework
SQL Server 2008 Books Online
e.
Runtime-Restricted Use Software. The software is “Runtime-Restricted Use” software; as such, it may only be used to run the Unified
Solution solely as part of the Unified Solution. The software may not be used either (i) to develop any new software applications, (ii) in
conjunction with any software applications, databases or tables other than those contained in the Unified Solution, and/or (iii) as a standalone
software application. The foregoing provision, however, does not prohibit you from using a tool to run queries or reports from existing tables.
f.
Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights below for each software license you
acquire.
You may create any number of instances of the server software and additional software.
You may store instances of the server software and additional software on any of your servers or storage media.
You may create and store instances of the server software and additional software solely to exercise your right to run instances of
the server software under any of your software licenses as described (e.g., you may not distribute instances to third parties).
g.
3.
No Client Access Licenses (CALs) Required for Access. You do not need CALs for the other devices to access your instances of the
server software.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Maximum Instances. The software or your hardware may limit the number of instances of the server software that can run in physical or
virtual operating system environments on the server.
b.
Multiplexing. Hardware or software you use to
pool connections,
reroute information, and
reduce the number of devices or users that directly access or use the software, or
reduce the number of devices or users the software directly manages,
(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type that you need.
c.
Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of
them.
d.
No Separation of Server Software. You may not separate the server software for use in more than one operating system environment under
a single license, unless expressly permitted. This applies even if the operating system environments are on the same physical hardware
system.
e.
Fail-over Server. For any operating system environment in which you run instances of the server software, you may run up to the same
number of passive fail-over instances in a separate operating system environment for temporary support. The number of processors used in
that separate operating system environment must not exceed the number of processors used in the corresponding operating system
environment in which the active instances are running. You may run the passive fail-over instances on a server other than the licensed server.
4.
INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
5.
MICROSOFT .NET FRAMEWORK AND POWERSHELL SOFTWARE. The software contains Microsoft .NET Framework and PowerShell
software. These software components are part of Windows.
6.
BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the
software. However, this does not apply to the Windows components. For Microsoft .NET Framework see below.
7.
MICROSOFT .NET FRAMEWORK. The software includes one or more components of the .NET Framework (“.NET Components”). You may
conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that
you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with
Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your
products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at
http://go.microsoft.com/fwlink/?LinkID=66406.
SAP Confidential
77
8.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Licensor and Microsoft
reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more
information, see www.microsoft.com/licensing/userights.
You may not
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite
this limitation;
publish the software for others to copy;
9.
BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
10. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal,
reference purposes.
11. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
12. ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do
not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
13. Transfer to Another Device. You may uninstall the software and install it on another device for your use solely as part of the Unified Solution. You
may not do so to share this license between devices to reduce the number of licenses you need.
14. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, this agreement, and CALs, directly to another end user as part of a
transfer of the Unified Solution delivered to you by or on behalf of the Licensor solely as part of the Unified Solution. Before the transfer, that end
user must agree that this agreement applies to the transfer and use of the software. The first user may not retain any instances of the software
unless that user also retains another license for the software.
15. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and
international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For
additional information, see www.microsoft.com/exporting.
16. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, and Internet-based services that you use, are the entire
agreement for the software.
17. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also
have rights with respect to the Licensor from whom you acquired the software. This agreement does not change your rights under the laws of your
state or country if the laws of your state or country do not permit it to do so.
18. NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS INDEPENDENTLY DETERMINED HOW TO USE
THE SOFTWARE IN THE INTEGRATED SOFTWARE APPLICATION OR SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU, AND
MICROSOFT HAS RELIED ON LICENSOR TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR
SUCH USE.
19. NO WARRANTIES BY MICROSOFT. YOU AGREE THAT IF YOU HAVE RECEIVED ANY WARRANTIES WITH REGARD TO EITHER (A) THE
SOFTWARE, OR (B) THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE,
THEN THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON,
MICROSOFT.
20. NO LIABILITY OF MICROSOFT FOR CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT
SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE APPLICATION OR SUITE OF
APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY
GOVERNMENT. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL
Microsoft and SQL Server are registered trademarks of Microsoft Corporation in the United States and/or other countries.
Microsoft SQL Server 2012, Standard Edition (Server CAL Runtime) Software
OVERVIEW.
1.1 Software. The software includes
server software; and
1.2 License Model. The software is licensed based on either the:
Core License Model – the number of physical and/or virtual cores in the server; or
SAP Confidential
78
Server + Client – the number of instances of server software that you run; and the number of devices and users that access instances
of server software.
1.3 Licensing Terminology.
Instance. You create an “instance” of the software by executing the software’s setup or install procedure. You also create an instance of
software by duplicating an existing instance. References to the software in this agreement include “instances” of the software.
Run an Instance. You “run an instance” of the software by loading it into memory and executing one or more of its instructions. Once
running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
Operating System Environment (“OSE”). An “operating system environment” or “OSE” is:
(i)
all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which enables
separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and
(ii)
A physical hardware system can have either or both of the following:
One physical operating system environment;
One or more virtual operating system environments.
A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to
run hardware virtualization software or to provide hardware virtualization services (e.g. Microsoft virtualization technology or similar
technologies) is considered part of the physical operating system environment.
A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system.
Server. A “server” is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a
separate physical hardware system.
Physical Core. A physical core is a core in a physical processor. A physical processor consists of one or more physical cores.
Hardware Thread. A hardware thread is either a physical core or a hyper-thread in a physical processor.
Virtual Core. A virtual core is the unit of processing power in a virtual (or otherwise emulated) hardware system. A virtual core is the
virtual representation of one or more hardware threads. Virtual OSEs use one or more virtual cores.
Assigning a License. To “assign a license” is to designate that license to a server, device or user as indicated below.
Core Factor. The core factor is a numerical value associated with a specific physical processor for purposes of determining the number
of licenses required to license all of the physical cores on a server.
USE RIGHTS FOR CORE LICENSE MODEL
2.1 Licensing a Server. Before you run instances of the server software on a server, you must determine the number of software licenses required and
assign those licenses to that server as described below.
2.2 Determining the Number of Licenses Required. You have two license options:
(a)
Physical Cores on a Server. You may license based on all of the physical cores on the server. If you choose this option, the number of
licenses required equals the number of physical cores on the server multiplied by the applicable core factor located at
(b)
Individual Virtual OSE. You may license based on the virtual OSEs within the server in which you run the server software. If you choose this
option, for each virtual OSE in which you run the server software, you need a number licenses equal to the number of virtual cores in the
virtual OSE, subject to a minimum requirement of four licenses per virtual OSE. In addition, if any of these virtual cores is at any time mapped
to more than one hardware thread, you need a license for each additional hardware thread mapped to that virtual core. Those licenses count
toward the minimum requirement of four licenses per virtual OSE.
2.3 Assigning the Required Number of Licenses to the Server.
Initial Assignment. After you determine the number of software licenses required for a server, you must assign that number of licenses to that
server. The server to which a license is assigned is considered the “licensed server” for such license. You may not assign a license to more than
one server. A hardware partition or blade is considered a separate server.
Reassignment. You may reassign a license, but not within 90 days of its last assignment. You may reassign a license sooner if you retire the
licensed server to which the license is assigned due to permanent hardware failure. If you reassign a license, the server to which you reassign the
license becomes the new licensed server for that license.
2.4 Running Instances of the Server Software. Your right to run instances of the server software depends on the option chosen to determine the
number of software licenses required:
(a)
Physical Cores on a Server. For each server to which you have assigned the required number of licenses as provided in Section 2.2(a), you
may run on the licensed server any number of instances of the server software in the physical OSE.
SAP Confidential
79
(b)
2.5
Individual Virtual OSEs. For each virtual for which you have assigned the required number of licenses as provided in section 2.2(b) , you have
the right to run any number of instances of the software in that virtual OSE.
Running Instances of the Additional Software. You may run or otherwise use any number of instances of the additional software listed below in
physical or virtual OSEs on any number of devices. You may use the additional software only with the server software directly or indirectly through
other additional software.
Client Tools SDK
Data Quality Client
Data Quality Services
Distributed Replay Client
Distributed Replay Controller
Management Tools – Basic
Management Tools - Complete
Reporting Services – SharePoint
Reporting Services Add-in for SharePoint Products
Master Data Services
Sync Framework
SQL Client Connectivity SDK
2.6
Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights listed below for each software license you
acquire.
(a) You may create any number of instances of the server software and additional software.
(b) You may store instances of the server software and additional software on any of your servers or storage media.
(c) You may create and store instances of the server software and additional software solely to exercise your right to run instances of the
server software under any of your software licenses as described (e.g., you may not distribute instances to third parties).
2.7
No Client Access Licenses (CALs). Required for Access. Under this core license model, you do not need CALs for users or devices to access
your instances of the server software.
USE RIGHTS FOR SERVER + CLIENT ACCESS LICENSE MODEL
3.1 Assigning the License to the Server.
(a)
Initial Assignment. Before you run any instance of the server software under a software license, you must assign that license to one of your
servers. That server is considered the “licensed server” for such license. You may not assign the same license to more than one server, but
you may assign other software licenses to the same server. A hardware partition or blade is considered to be a separate server.
(b)
Reassignment. You may reassign a software license, but not within 90 days of the last assignment. You may reassign a software license
sooner if you retire the licensed server due to permanent hardware failure. If you reassign a license, the server to which you reassign the
3.2 Running Instances of the Server Software. For each software license you assign to the server, you may run any number of instances of the
server software in one physical or virtual OSE on the licensed server at a time.
3.3 Running Instances of the Additional Software. You may run or otherwise use any number of instances of the additional software listed below in
physical or virtual OSEs on any number of devices. You may use the additional software only with the server software directly, or indirectly through
Client Tools SDK
Data Quality Client
Management Tools - Basic
SAP Confidential
80
Sync Framework
3.4 Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights listed below for each software license you
acquire.
(a)
(b)
(c)
You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server
software under any of your software licenses as described (e.g., you may not distribute instances to third parties).
3.5 Client Access Licenses (CALs).
(a)
Initial Assignment of CALs. You must acquire and assign a SQL Server 2012 CAL to each device or user that accesses your instances
of the server software directly or indirectly. A hardware partition or blade is considered to be a separate device.
You do not need CALs for any of your servers licensed to run instances of the server software.
You do not need CALs for up to two devices or users to access your instances of the server software only to administer those instances.
Your CALs permit access to your instances of earlier versions, but not later versions, of the server software. If you are accessing
instances of an earlier version, you may also use CALs corresponding to that version.
(b)
Types of CALs. There are two types of CALs: one for devices and one for users. Each device CAL permits one device, used by any
user, to access instances of the server software on your licensed servers. Each user CAL permits one user, using any device, to access
instances of the server software on your licensed servers. You may use a combination of device and user CALs.
(c)
Reassignment of CALs. You may
permanently reassign your device CAL from one device to another, or your user CAL from one user to another; or
temporarily reassign your device CAL to a loaner device while the first device is out of service, or your user CAL to a temporary worker
while the user is absent.
3.6
Runtime-Restricted Use Software. The software is “Runtime-Restricted Use” software; as such, it may only be used in conjunction with the
Unified Solution. The software may not be used either (i) to develop any new software applications, (ii) in conjunction with any software
applications, databases or tables other than those contained in the Unified Solution, and/or (iii) as a standalone software application. The
foregoing provision, however, does not prohibit you from using a tool to run queries or reports from existing tables. A CAL permits you to access
instances of only the Runtime-Restricted User version of the server software licensed and delivered to you as part of the Unified Solution, in
accordance with the other terms of the agreement.
4.1 Alternative Versions
The software may include more than one version, such as 32-bit and 64-bit. For each instance of the software that you are permitted to create,
store and run, you may use either version.
4.2 Maximum Instances. The software or your hardware may limit the number of instances of the server software that can run in physical or virtual
OSEs on the server.
4.3
Multiplexing. Hardware or software you use to
pool connections,
reroute information, or
reduce the number of devices or users that directly access or use the software, or
4.4 No Separation of Server Software. You may not separate the server software for use in more than one OSE under a single license, unless
expressly permitted. This applies even if the OSEs are on the same physical hardware system.
4.5 Fail-over Server. For any OSE in which you run instances of the server software, you may run up to the same number of passive fail-over
instances in a separate OSE for temporary support. You may run the passive fail-over instances on a server other than the licensed server.
However, if you have licensed the server software under section 2.2(a) and the OSE in which you run the passive fail-over instances is on a
separate server, the number of physical cores on the separate server must not exceed the number of physical cores on the licensed server and the
core factor for the physical processors in that server must be the same or lower than the core factor for the physical processors in the licensed
server. If you have licensed the server software under section 2.2(b), the number of hardware threads used in that separate OSE must not exceed
the number of hardware threads used in the corresponding OSE in which the active instances run.
4.6 SQL Server Reporting Services Map Report Item. The software may include features that retrieve content such as maps, images and other data
through the Bing Maps (or successor branded) application programming interface (the “Bing Maps APIs”). The purpose of these features is to
create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use them to create and view
dynamic or static documents. This may be done only in conjunction with and through methods and means of access integrated in the software. You
may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps APIs. You may not use the following
for any purpose even if they are available through the Bing Maps APIs:
SAP Confidential
81
Bing Maps APIs to provide sensor based guidance/routing, or
any Road Traffic Data or Bird’s Eye Imagery (or associated metadata.
Your use of the Bing Maps APIs
go.microsoft.com/fwlink/?LinkId=21969.
and
associated
content
is
also
subject
to
the
additional
terms
and
conditions
at
4.7 Included Microsoft Programs. The software includes other Microsoft programs listed at http://go.microsoft.com/fwlink/?LinkID=231864, which are
licensed under the terms and conditions associated with them. You may only use these programs in conjunction with the software licensed here. If
you do not accept the license terms associated with a program, you may not use that program.
5
6.
software. However, this does not apply to the Microsoft .NET Framework (see below)
7.
.NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms
for Windows apply to your use of the .NET Framework software.
8.
MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET
Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those
components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other
agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of
benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set
forth at http://go.microsoft.com/fwlink/?LinkID=66406.
9.
this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways You may not
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite
this limitation;
publish the software, including any application programming interfaces included in the software, for others to copy;
share or otherwise distribute documents, text or images created using the software Data Mapping Services features;
You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its
suppliers that are included in the software, including any content made available to you through the software;
10. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
reference purposes.
14. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine Microsoft Proof of License label with a genuine copy of the
software identifies licensed software. To be valid, this label must appear on Microsoft packaging and may not be transferred separately. If you
receive the label separately, it is invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the software.
To identify genuine Microsoft software, see www.howtotell.com.
15. TRANSFER TO A THIRD PARTY. The first user of the software may transfer and it, this agreement, directly to another end user as part of the
integrated software turnkey application or suite of applications (the “Unified Solution”) delivered to you by or on behalf of the Licensor solely as part
of the Unified Solution. Before the transfer, that end user must agree that this agreement applies to the transfer and use of the software. The
transfer must include the software and the Proof of License label. The first user may not retain any instances
17. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, and Internet-based services that you use, are the entire
agreement for the software.
19. NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS INDEPENDENTLY DETERMINED HOW TO USE
THE SOFTWARE IN THE INTEGRATED SOFTWARE APPLICATION OR SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU, AND
SAP Confidential
82
SUCH USE.
SOFTWARE, OR (B) THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE,
THEN THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON,
MICROSOFT.
CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE APPLICATION OR SUITE OF
APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY
GOVERNMENT. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL
22. FOR AUSTRALIA ONLY. References to “Limited Warranty” are references to the express warranty provided by Microsoft. This warranty
is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the
statutory guarantees under the Australian Consumer Law.
If the Australian Consumer Law applies to your purchase, the following applies to you: Our goods come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any
other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure.
Microsoft SQL Server 2012, Standard Edition (Core-based Runtime) Software
OVERVIEW.
1.1 Software. The software includes
server software, and
1.2 License Model. The software is licensed based on either the:
Core License Model – the number of physical and/or virtual cores in the server; or
Server + Client – the number of instances of server software that you run, and the number of devices and users that access instances
of server software.
1.3 Licensing Terminology.
Instance. You create an “instance” of the software by executing the software’s setup or install procedure. You also create an instance of the
software by duplicating an existing instance. References to the “software” in this agreement include “instances” of the software.
Run an Instance. You “run an instance” of the software by loading it into memory and executing one or more of its instructions. Once running, an
instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
Operating System Environment (“OSE”). An “operating system environment” or “OSE” is
(i)
all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which enables separate
machine identity (primary computer name or similar unique identifier) or separate administrative rights; and
(ii)
A physical hardware system can have either or both of the following:
one physical operating system environment;
one or more virtual operating system environments.
A physical operating system environment is configured to run directly on a physical hardware system.
The operating system instance used to run hardware virtualization software or to provide hardware virtualization services (e.g. Microsoft
virtualization technology or similar technologies) is considered part of the physical operating system environment.
A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system.
Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate
physical hardware system.
Physical Core. A physical core is a core in a physical processor. A physical processor consists of one or more physical cores.
Hardware Thread. A hardware thread is either a physical core or a hyper-thread in a physical processor.
Virtual Core. A virtual core is the unit of processing power in a virtual (or otherwise emulated) hardware system. A virtual core is the virtual
representation of one or more hardware threads. Virtual OSEs use one or more virtual cores.
Assigning a License. To assign a license is to designate that license to a server, device or user as indicated below.
Core Factor. The core factor is a numerical value associated with a specific physical processor for purposes of determining the number of licenses
required to license all of the physical cores on a server.
USE RIGHTS FOR CORE LICENSE MODEL.
2.1 Licensing a Server. Before you run instances of the server software on a server, you must determine the number of software licenses required
and assign those licenses to that server as described below.
SAP Confidential
83
2.2 Determining the Number of Licenses Required. You have two license options:
(a)
Physical Cores on a Server. You may license based on all of the physical cores on the server. If you choose this option, the number of
licenses required equals the number of physical cores on the server multiplied by the applicable core factor located at
(b)
Individual Virtual OSE. You may license based on the virtual OSEs within the server in which you run the server software. If you choose this
option, for each virtual OSE in which you run the server software, you need a number licenses equal to the number of virtual cores in the
virtual OSE, subject to a minimum requirement of four licenses per virtual OSE. In addition, if any of these virtual cores is at any time mapped
to more than one hardware thread, you need a license for each additional hardware thread mapped to that virtual core. Those licenses count
toward the minimum requirement of four licenses per virtual OSE.
2.3 Assigning the Required Number of Licenses to the Server.
Initial Assignment. After you determine the number of software licenses required for a server, you must assign that number of licenses
to that server. The server to which a license is assigned is considered the “licensed server” for such license. You may not assign a
license to more than one server. A hardware partition or blade is considered a separate server.
Reassignment. You may reassign a license, but not within 90 days of its last assignment. You may reassign a license sooner if you retire
the licensed server to which the license is assigned due to permanent hardware failure. If you reassign a license, the server to which you
reassign the license becomes the new licensed server for that license.
2.4 Running Instances of the Server Software. Your right to run instances of the server software depends on the option chosen to determine the
number of software licenses required:
(a) Physical Cores on a Server. For each server to which you have assigned the required number of licenses as provided in Section 2.2(a), you
may run on the licensed server any number of instances of the server software in the physical OSE.
(b) Individual Virtual OSEs. For each virtual OSE for which you have assigned the required number of licenses as provided in section 2.2(b) , you
have the right to run any number of instances of the software in that virtual OSE.
Client Tools SDK
Data Quality Client
Sync Framework
acquire.
(a)
(b)
(c)
2.7 No Client Access Licenses (CALs) Required for Access. Under this core license model, you do not need CALs for users or devices to access
your instances of the server software.
2.8 Runtime-Restricted Use Software. The software is “Runtime-Restricted Use” software; as such, it may only be used to run the Unified Solution
solely as part of the Unified Solution. The software may not be used either (i) to develop any new software applications, (ii) in conjunction with any
software applications, databases or tables other than those contained in the Unified Solution, and/or (iii) as a standalone software application. The
foregoing provision, however, does not prohibit you from using a tool to run queries or reports from existing tables.
USE RIGHTS FOR SERVER + CLIENT ACCESS LICENSE MODEL
3.1 Assigning the License to the Server.
SAP Confidential
84
(a)
Initial Assignment. Before you run any instance of the server software under a software license, you must assign that license to one of your
servers. That server is considered the “licensed server” for such license. You may not assign the same license to more than one server, but
you may assign other software licenses to the same server. A hardware partition or blade is considered to be a separate server.
(b)
Reassignment. You may reassign a software license, but not within 90 days of the last assignment. You may reassign a software license
sooner if you retire the licensed server due to permanent hardware failure. If you reassign a license, the server to which you reassign the
3.2 Running Instances of the Server Software. For each software license you assign to the server, you may run any number of instances of the
server software in one physical or virtual OSE on the licensed server at a time.
Client Tools SDK
Data Quality Client
Sync Framework
acquire.
(a)
(b)
(c)
3.5 Client Access Licenses (CALs).
(a)
Initial Assignment of CALs. You must acquire and assign a SQL Server 2012 CAL to each device or user that accesses your instances of
the server software directly or indirectly. A hardware partition or blade is considered to be a separate device.
You do not need CALs for any of your servers licensed to run instances of the server software.
You do not need CALs for up to two devices or users to access your instances of the server software only to administer those instances.
Your CALs permit access to your instances of earlier versions, but not later versions, of the server software. If you are accessing instances
of an earlier version, you may also use CALs corresponding to that version.
(b)
Types of CALs. There are two types of CALs: one for devices and one for users. Each device CAL permits one device, used by any user, to
access instances of the server software on your licensed servers. Each user CAL permits one user, using any device, to access instances of
the server software on your licensed servers. You may use a combination of device and user CALs.
(c)
Reassignment of CALs. You may
permanently reassign your device CAL from one device to another, or your user CAL from one user to another; or
temporarily reassign your device CAL to a loaner device while the first device is out of service, or your user CAL to a temporary worker
while the user is absent.
4.1 Alternative Versions.
The software may include more than one version, such as 32-bit and 64-bit. For each instance of the software that you are permitted to create,
store and run, you may use either version.
4.2 Maximum Instances. The software or your hardware may limit the number of instances of the server software that can run in physical or virtual
OSEs on the server.
4.3 Multiplexing. Hardware or software you use to
pool connections,
SAP Confidential
85
reroute information, or
reduce the number of devices or users that directly access or use the software
4.4 No Separation of Server Software. You may not separate the server software for use in more than one OSE under a single license, unless
expressly permitted. This applies even if the OSEs are on the same physical hardware system.
4.5 Fail-over Server. For any OSE in which you run instances of the server software, you may run up to the same number of passive fail-over
instances in a separate OSE for temporary support. You may run the passive fail-over instances on a server other than the licensed server.
However, if you have licensed the server software under section 2.2(a) and the OSE in which you run the passive fail-over instances is on a
separate server, the number of physical cores on the separate server must not exceed the number of physical cores on the licensed server and the
core factor for the physical processors in that server must be the same or lower than the core factor for the physical processors in the licensed
server. If you have licensed the server software under section 2.2(b), the number of hardware threads used in that separate OSE must not exceed
the number of hardware threads used in the corresponding OSE in which the active instances run.
4.6 SQL Server Reporting Services Map Report Item. The software may include features that retrieve content such as maps, images and other data
through the Bing Maps (or successor branded) application programming interface (the “Bing Maps APIs”). The purpose of these features is to
create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use them to create and view
dynamic or static documents. This may be done only in conjunction with and through methods and means of access integrated in the software. You
may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps APIs. You may not use the following
for any purpose even if they are available through the Bing Maps APIs:
Bing Maps APIs to provide sensor based guidance/routing, or
any Road Traffic Data or Bird’s Eye Imagery (or associated metadata.
Your use of the Bing Maps APIs
go.microsoft.com/fwlink/?LinkId=21969.
and
associated
content
is
also
subject
to
the
additional
terms
and
conditions
at
4.7 Included Microsoft Programs. The software includes other Microsoft programs listed at http://go.microsoft.com/fwlink/?LinkID=231864, which are
licensed under the terms and conditions associated with them. You may only use these programs in conjunction with the software licensed here. If
you do not accept the license terms associated with a program, you may not use that program.
5.
6.
software. However, this does not apply to the Microsoft .NET Framework (see below).
7.
.NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms
for Windows apply to your use of the .NET Framework software
8.
MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET
Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those
components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other
agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of
benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set
forth at go.microsoft.com/fwlink/?LinkID=66406.
9.
this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this
limitation;
publish the software, including any application programming interfaces included in the software, for others to copy;
share or otherwise distribute documents, text or images created using the software Data Mapping Services features;
You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its
suppliers that are included in the software, including any content made available to you through the software;
10. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
reference purposes.
14. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine Microsoft Proof of License label with a genuine copy of the
software identifies licensed software. To be valid, this label must appear on Microsoft packaging and may not be transferred separately. If you
SAP Confidential
86
receive the label separately, it is invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the software.
To identify genuine Microsoft software, see www.howtotell.com.
15. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to another end user as part of a transfer
of the integrated software turnkey application or suite of applications (the “Unified Solution”) delivered to you by or on behalf of the Licensor solely
as part of the Unified Solution. Before the transfer, that end user must agree that this agreement applies to the transfer and use of the software.
The transfer must include the software and the Proof of License label. The first user may not retain any instances of the software unless that user
also retains another license for the software.
17. ENTIRE AGREEMENT. This agreement and the terms for supplements, updates, Internet-based services that you use, are the entire agreement
for the software.
19. NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS INDEPENDENTLY DETERMINED HOW TO USE THE
SOFTWARE IN THE INTEGRATED SOFTWARE APPLICATION OR SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU, AND
SUCH USE.
SOFTWARE, OR (B) THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, THEN
THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON,
MICROSOFT.
CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS
WITH WHICH YOU ACQUIRED THE SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY GOVERNMENT. THIS
LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR
ANY AMOUNT IN EXCESS OF TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00).
22. FOR AUSTRALIA ONLY. References to “Limited Warranty” are references to the express warranty provided by Microsoft. This warranty is given in
addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees
under the Australian Consumer Law.
If the Australian Consumer Law applies to your purchase, the following applies to you: Our goods come with guarantees that cannot be excluded
under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure
does not amount to a major failure.
SAP Confidential
87
Exhibit 5 - Pass Through Terms for Directories
1.
AUSTRALIA DIRECTORY (AUSTRALIAN POSTAL CORPORATION):
1.1
Definitions
“AMAS” means Australia Post’s Address Matching Approval System (documented in the AMAS handbook which is subject to revision from time to time)
which is a Program that evaluates and approves software based on the software’s ability to validate, match and append the correct DPID.
“Australia Post” means the Australian Postal Corporation.
“Barcode Pricing” means Australia Post’s special postage prices for mail that has been prepared using the SAP Software, together with a barcode
printed on the mail, in accordance with Australia Post’s conditions for lodgement of mail as amended from time to time.
“Bureau Service” means organizations that act on behalf of their customers to process their database against AMAS approved software and/or nonAMAS approved software.
"Confidential Information" means the confidential information of Australia Post which includes information relating to the design, specification or
content of the PAF.
“Corporate Group” means a group of Single Legal Entities consisting of the Corporate Group Owner and up to nine nominated Subsidiaries of the
Corporate Group Owner. SAP must ascertain and identify the entities constituting the Corporate Group and provide such information to SAP; if the
Corporate Group Owner has more than nine Subsidiaries, then SAP must require the Corporate Group Owner to select up to nine Subsidiaries for the
purposes of the Corporate Group; SAP must ensure that the entities constituting the Corporate Group are identified in the Licensee’s agreement and
must not agree to vary this list without the written consent of Australia Post
“Corporate Group Owner” means a Single Legal Entity that is the Holding Company (as defined in the Australia Corporations Act 2001) of each of the
other entities of the Corporate Group.
“Delivery Point Identifier” or “DPID” means an eight character code which has been developed by Australia Post to enable delivery points to be
uniquely identified.
“Expiry Date” means the date upon which this License Agreement ends.
"Intellectual Property Rights" includes copyright, trade mark, design, patent, semiconductor or circuit layout rights, rights in trade, business or
company names, and such other rights as are generally accepted as falling within the term “intellectual property”, and shall also include any rights to
application or registration of such rights, in Australia or elsewhere, and whether created before, on or after the date of this Agreement.
"Licensee" means the Party bound by these provisions and refers to “Single Legal Entity and/or “Corporate Group”.
“List Creation” means the use of SAP Software by the Licensee to create a new record or records containing address information or to enter a new
address for an existing record provided that:
(a) the Licensee only uses the SAP Software to validate (as defined in the definition of “Permitted Purpose” below) the address information for the
record on or about the same time as the address is collected and entered into the Licensee’s records;
(b) the records created by the Licensee this way must not include any information from the PAF (including but not limited to DPID) other than the
address information; and
(c) the Licensee must not represent that its records have been verified against the PAF.
"PAF" means the Postal Address File which is a database created by Australia Post
containing information on addresses to which Australia Post may deliver mail, the
information associated with each address record on the PAF consists of:
(a) a DPID; and
(b) the address details in a correct address format.
“Permitted Purpose” means purposes set out in clause 2.1AA below, and the preparation of mailing lists and/or databases by the Licensee of the
Licensee’s existing address database for its internal business purposes only:
(a) by matching, correcting, manipulating, adding to, sorting, comparing, and/or validating(collectively “validating”) addresses; and
(b) by appending DPIDs to validated addresses, and
(c) by matching of individual DPID’s to a corresponding address,
PROVIDED that:
(a) no software, list or database may contain functionality which allows reverse engineering of the PAF or any use any not permitted by this
Agreement;
(b) the Licensee shall not transfer, sub-license, reverse assemble or reverse compile,merge or otherwise deal with or commercially exploit the
whole or any part of the PAF(or directly or indirectly allow or cause a third party to do the same) including by using the PAF to derive other
products and/or services;
(c) except as expressly stated elsewhere in this Agreement, the Licensee shall not use the SAP Software and / or the PAF to validate addresses
of any third party database on behalf of a Licensee customer (including Bureau Services);
(d) the Licensee shall not add data, a link or a field to the PAF, which has the purpose or effect of allowing the appending of non-PAF data to the
PAF;
(e) the Licensee shall not extract addresses from the PAF and either add it to an existing address database, or use it to create a new address
database.
"SAP Software" means the version of software produced by SAP and approved by Australia Post in accordance with AMAS which (when used in
conjunction with the PAF) can validate, match and correct the SAP's and any Licensee's address database files, and append correct DPIDs.
“Single Legal Entity” means an individual person, body corporate or other legal entity and for the purposes of the government means an individual
Agency as defined under the Financial Management and Accountability Act 1997 or an individual Commonwealth authority or company under the
Commonwealth Authorities and Companies Act 1997.
“Subsidiary” has the meaning given in the SAP General Terms and Conditions.
"Test Standard" means a software performance standard set by Australia Post to approve the SAP Software for the Permitted Purpose. The test
standard is more fully described in the current AMAS Handbook published by Australia Post
SAP Confidential
88
2. License
2.1 The SAP Software may only be used by the Licensee during the License term, and may only be used by the Licensee for the Permitted Purpose.
Unless specifically authorized by the Permitted Purpose, the Licensee must not use the PAF for any other purpose whatsoever.
2.1AA The following are also Permitted Purposes:
(a) use the SAP Software for List Creation and disclose the records created pursuant to List Creation to any person, on the condition that:
(i) the Licensee does not use the SAP Software to perform List Creation on behalf of another person, or as a part of data entry services that
the Licensee offers to another person; and
(ii) the Licensee does not systematically use the SAP Software to create a list or set of records that is substantially similar or competitive to
the PAF; and
(b) disclose the validated addresses (created through one of the Permitted Purposes and in accordance with this Agreement) to another person
(including subsidiaries, agents and franchisees of the Licensee), on the condition that:
(i) the recipient will not (and agrees not to) disclose the validated addresses to any other person; and
(ii) the recipient will only use the validated addresses for purposes that are directly related to the internal business purpose of the Licensee
and not any other purpose.
2.1A The Licensee must not provide a Bureau Service using the SAP Software and / or non-AMAS approved software. If the Licensee wishes to provide
a Bureau Service it must enter into an agreement directly with Australia Post permitting such use. For the avoidance of doubt, Bureau Services do not
include a service whereby the Licensee provides mail production services to its customers (where in order to provide such services it validates
its customer’s existing address database using the SAP Software for the sole and strict purpose of mail lodgement and the Licensee does not return the
validated address database to the customer for storage and ongoing business use by the customer).
2.2 The Licensee shall comply with all requirements of the Privacy Act 1988 (as amended) relevant to its possession or use of the PAF.
2.3 The Licensee acknowledges that:
(a) Australia Post has approved that the SAP Software has achieved the Test Standard specified by Australia Post;
(b) the approval of the SAP Software by Australia Post does not represent an endorsement by Australia Post that the SAP Software is suitable
for the Licensee’s purposes or is capable of being used by the Licensee; and
(c) any and all enquiries concerning the characteristics or performance of the SAP Software must be referred to the SAP, and not to Australia
Post.
2.4 The SAP ensures to supply quarterly PAF updates to the Licensee within 30 days of the end of the month of such updates being supplied by
Australia Post to the SAP. SAP may provide such updates to the Licensee by providing an upgrade to the SAP Software.
3. Intellectual Property Rights
3.1 The Licensee acknowledges that the PAF and the Intellectual Property Rights in the PAF are and shall remain the property of Australia Post. Nothing
in this Agreement shall operate as an assignment of any Intellectual Property Right that exists in the PAF. The PAF may not be sold, copied or
distributed without prior written permission from Australia Post.
4. Audit Rights
Australia Post and/or any of their agents may upon reasonable prior notice be entitled to reasonable accompanied access during business hours to the
premises, systems, accounts and records of transactions for the Licensee for the purpose of verifying and monitoring the Licensee’s compliance with
and performance of its obligations under its Licensee Agreement.
5. Corporate Group Owner
5.1 This clause 5 applies if the Licensee is a Corporate Group Owner.
5.2 The Corporate Group for the purposes of this Agreement consists entities identified in writing as Corporate Group entities. Licensee to identify the
entities (up to 10 in total, including the Corporate Group Owner) forming the Corporate Group.
5.3 The Licensee must ensure, and warrants that:
(a) each entity of the Corporate Group is a Subsidiary of the Licensee at all times during the term of this Agreement; and
(b) each entity of the Corporate Group is a Single Legal Entity.
5.4 The Licensee may permit any or all members of the Corporate Group to enjoy the benefit of the license granted to the Licensee under clause 2,
subject to the following conditions:
(a) the Licensee must ensure that all of the Corporate Group members comply with this Agreement, and do not do or omit to do anything that, if
done by the Licensee, would be a breach of this Agreement;
(b) the Licensee is responsible for all acts and omissions of the Corporate Group members as if they were acts and omissions of the Licensee; and
(c) all uses of the SAP Software and PAF by the Corporate Group members are deemed to be uses by the Licensee.
2. AUSTRIA ADDRESS DIRECTORY (ÖSTERREICHISCHE POST):
This product cannot be used by Licensees who conduct business in address publishing and service providing.
Licensees are only allowed to use the product for own internal purposes. This product cannot be used by Licensees who conduct business in
address publishing and service providing. If a Licensee conducts business in that area, Licensee is responsible for obtaining a valid license
directly from the provider.
Licensees are only allowed to use the product for own internal validation purposes. Licensees are not allowed to use the data to provide any
services to any other legal entity. If Licensee wishes to provide services to any other legal entity,
Licensee is responsible for obtaining a valid license directly from the provider. Any use within another legal entity requires a separate license.
“Internet Application Use” shall mean the use of the Software Products at End User’s site being accessible by third parties. Such accessible to
third parties is restricted to End User’s own internal business purposes.
“Offline Use” shall mean the use by End User as on premise business model.
3. CANADA (CANADA POST)
SAP Confidential
89
Canada Post postal address files (“PAF”) are updated periodically and Licensee may only use Canada Post PAF for the time period specified
in SAP directory update letter or posted on the SAP support website located at http://help.sap.com/. The permitted use dates can be found in a
file entitled “Directories – Canada, [Month/Year]” (in which the month and year correspond to the date of the relevant PAF update), which file is
located under the SAP BusinessObjects tab on the website
http://help.sap.com/http://help.sap.com/businessobject/product_guides/ADc/en/09apr_can_dir_en.html). Upon receipt of updated Canada Post
PAF, Licensee will promptly replace the older Canada Post PAF with the updated PAF.
4.
FINLAND
4.1
4.2
4.3
4.4
Service Description and Terms of Use for Finland POSTAL CODE SERVICES provided through Itella
Effective: January 1, 2013
SERVICES
The services consist of the postal code system and basic and changed information contained by domestic address files in a fixed format.
TERMS OF USE FOR THE SERVICES
The following terms of use for the service apply.
USING THE SERVICES
The information provided is always based on the information included in Itella’s postal code system. The system data is based on information
provided for Itella by municipalities and postal code information updated by Itella. Itella does not check the information received from
municipalities.
Itella delivers the information available to self-service channels.
THE CUSTOMER’S RESPONSIBILITIES
The customer is responsible for retrieving the postal code material, unpacking packaged files, handling and using the material, and updating
its systems.
The customer is responsible for ensuring that, upon any disclosure of the material to third parties, the recipient also receives the updated
service description and terms of use.
ITELLA’S RESPONSIBILITIES
Itella is responsible for offering updated information available for retrieval on time as set out in the service description, unless otherwise stated
later in this section. Itella is not responsible for damage caused by delayed, altered, or lost data due to equipment failure, communications or
system disruptions, or other similar reasons.
Itella does not guarantee that the information is fully faultless. There may be errors in the information caused by recurring changes or the party
reporting the changes. Itella is not responsible for errors in information that were not caused by Itella’s negligence.
Itella is not responsible for any information user obligations towards third parties.
Itella is not responsible for the uninterrupted availability of service channels or the updating frequency of the information.
LIMITATION OF THE SERVICES
In the services, information about Åland Islands is only at a postal code level without any street data.
The services contain information about public postal codes.
5. GERMANY ADDRESS DIRECTORY (DEUTSCHE POST DIREKT):
Licensees are not allowed to use the data to provide any services to any other third party. Licensees are especially not allowed to distribute
the product any further. Licensees are only allowed to use the data for own internal validation purposes. Licensees are not allowed to use the
data to provide any services to any other legal entity. If Licensee wishes to provide services to any other legal entity, Licensee is responsible
for obtaining a valid license directly from the provider. Any use within another legal entity requires a separate license. Licensees are not
allowed to distribute the product any further.
6. GEOCODING BY NAVTEQ (NAVTEQ):
The data (“Data”) is provided for Licensee’s internal use only and not for resale. It is protected by copyright, and is subject to the following
terms and conditions which are agreed to by you, on the one hand, NAVTEQ and NAVTEQ Suppliers on the other hand.
© 2008 NAVTEQ. All rights reserved.
The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in
Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase© Department of Natural Resources Canada
NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.
©United States Postal Service® 2008. Prices are not established, controlled or approved by the United States Postal Service®. The following
trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.
Scope of Use. Licensee agrees to use this Data together with SAP Applications solely for your internal business operations purposes for which
Licensee was licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth
in the following paragraphs, Licensee may copy this Data only as necessary for Licensee’s business use to (i) view it, and (ii) save it, provided
that Licensee does not remove any copyright notices that appear and do not modify the Data in any way. Licensee agrees not to otherwise
reproduce copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form
except to your affiliates, for any purpose, except to the extent permitted by mandatory laws. Multi-disc sets may only be transferred or sold as
a complete set as provided by SAP and not as a subset thereof.
Restrictions. Except where Licensee has been specifically licensed to do so by SAP, and without limiting the preceding paragraph, Licensee
may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles,
capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in
communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation
cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and
the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.
No Warranty. This Data is provided to you “as is,” and Licensee agrees to use it at its own risk. NAVTEQ and NAVTEQ SUPPLIERS make no
guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content,
quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this
Data, or that the Data or server will be uninterrupted or error-free.
SAP Confidential
90
Disclaimer of Warranty: NAVTEQ and NAVTEQ SUPPLIERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States,
Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability: NAVTEQ and NAVTEQ SUPPLIERS SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR
ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY
LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF LICENSEE’s USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN
THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR
BASED ON A WARRANTY, EVEN IF CLIENT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not
apply to Licensee.
Indemnififcation: Licensee shall indemnify and save harmless NAVTEQ and NAVTEQ Suppliers, including Her Majesty The Queen, The
Canada Post and the Department of Natural Resources Canada, and their officers, employees and agent: from and against any claim,
demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, sots, expenses, damages or injuries
(including injuries resulting in death) arising out of the use of possession of the data or the Data.
Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying
rights similar to those customarily claimed by the United States government, the Data is a “commercial item” as that term is defined at 48
C.F.R. (“FAR”) 2.101, is licensed in accordance with these Pass Through Terms, and each copy of Data delivered or otherwise furnished shall
be marked and embedded as appropriate with the following “Notice of Use,” and shall be treated in accordance with such Notice:
Notice of Use
Contractor (Manufacturer/ Supplier) Name: NAVTEQ
Contractor (Manufacturer/Supplier) Address: 425 W. Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End-User Term under which this Data was provided.
© 2008 NAVTEQ – All rights reserved.
The Data may include or reflect data of licensors, including Her Majesty, Canada Post and the Department of Natural Resources Canada.
Such data is licensed on an "as is" basis. The licensors, including Her Majesty, Canada Post and the Department of Natural Resources
Canada, make no guarantees, representations or warranties respecting such data, either express or implied, arising bylaw or otherwise,
including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
The licensors, including Her Majesty, Canada Post and the Department of Natural Resources Canada, shall not be liable in respect of any
claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or
indirect, which may result from the use or possession of the data or the Data. The licensors, including Her Majesty, Canada Post and the
Department of Natural Resources Canada, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of
any kind resulting from any defect in the data or the Data.
End User shall indemnify and save harmless the licensors, including Her Majesty the Queen, the Canada Post and the Department of Natural
Resources Canada, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the
cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of
the use or possession of the data or the Data.
If Data for additional countries is included or distributed in connection with software products of SAP, or if Licensee uses data from relevant
countries the following supplier terms/copyright notices shall be included in the End-User Terms as applicable:
Territory
Notice
Australia
”Copyright. Based on data provided under license from PSMA Australia Limited (www.psma.com.au).“
Austria
“© Bundesamt für Eich- und Vermessungswesen”
Croatia, Cyprus, Estonia,
Latvia, Lithuania, Moldova,
Poland, Slovenia
and/or Ukraine
France
“© EuroGeographics”
Germany
Great Britain
“Die Grundlagendaten wurden mit Genehmigung der zuständigen Behörden entnommen” or “Die
Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen.”
“Based upon Crown Copyright material.”
Greece
“Copyright Geomatics Ltd.”
Hungary
“Copyright © 2003; Top-Map Ltd.”
Italy
“La Banca Dati Italiana è stata prodotta usando quale riferimento anche cartografia numerica ed al tratto
prodotta e fornita dalla Regione Toscana.”
Norway
“Copyright © 2000; Norwegian Mapping Authority”
Portugal
“Source: IgeoE – Portugal”
Spain
“Información geográfica propiedad del CNIG”
Sweden
“Based upon electronic data
The following notice must appear on all copies of the Data, and may also appear on packaging:
“source: © IGN 2009 – BD TOPO ®”
National Land Survey Sweden.”
SAP Confidential
91
Switzerland
“Topografische Grundlage:
Bundesamt für Landestopographie.“
7. NEW ZEALAND (NEW ZEALAND POST):
Licensee must comply with the requirements of the Privacy Act 1993 and any other applicable law or regulations relevant to its possession or
use of the New Zealand Address Directories.
Licensee must keep the information contained in the New Zealand Address Directories confidential.
Licensee acknowledges and agrees that Land Information New Zealand (“LINZ”) and the Crown hold absolutely and exclusively certain
material which has been licensed to SAP and incorporated into the New Zealand Address Directories, and that LINZ and the Crown do not
assign any copyright or other intellectual property rights in such material either to Licensee or the Licensor. Licensee further acknowledges
and agrees that LINZ and the Crown shall not, in any circumstances, be liable for any loss or damage (even if LINZ or the Crown has been
advised of the possibility of such loss or damage, and including, without limitation, any direct loss, indirect loss, consequential loss, loss of
profits, business interruption loss or loss of data) suffered by the Licensee or any other person in connection with this Agreement. In the event
that any exclusion of the liability of LINZ or the Crown set out in this clause is inapplicable, or is held unenforceable, the liability of each of
LINZ and the Crown under or in connection with this Agreement, or arising out of any use, reproduction, modification, or creation of
compilations or derivative works of or from the New Zealand Address Directories (by Licensee or any other person), whether that liability
arises in tort (including negligence), equity or any other basis, shall be limited to the fees paid by the Licensee for the material incorporated in
the New Zealand Address Directories which gave rise to the loss or damage, exclusive of GST. For the purposes of the Contracts (Privity) Act
1982, this clause confers a benefit on, and is enforceable by, LINZ and the Crown.
Licensee agrees and represents that Licensee is acquiring the New Zealand Address Directories and any related documentation for the
purposes of a business and that the Consumer Guarantees Act 1993 (New Zealand) does not apply.
8. SPAIN (DEYDE):
Licensee acknowledges that the DEYDE-STREETFILES, which are used in the Spain Address Directory within all versions of Data Services
and Data Quality Management, are the intellectual property of DEYDE.
9. SWITZERLAND ADDRESS DIRECTORY (SCHWEIZERISCHE POST):
Licensees are not allowed to extract any data provided. Licensees are only allowed to use the product for own validation purposes. Licensees
are not allowed to use the data to provide any services to any other legal entity. Any use within another legal entity requires a separate
license.
10.TOM TOM:
Third Party Restrictions
A. Additional provisions for MultiNet® data of Norway. End User is prohibited from using the MultiNet® data of Norway to create commercial general
purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority.
B. Additional Provisions with respect to the data for China: End User agrees that any Licensed Product which contains data of China may be subject to
additional terms and conditions which shall be provided to End User when available to TomTom. China data may not be exported from China.
C. Additional Provisions with respect to the data for India: End User agrees that any Licensed Product which contains data of India may be subject to
additional terms and conditions which shall be provided to End User when available to TomTom.
D. Additional Provisions with respect to the data for Korea: End User agrees that any Licensed Product which contains data of Korea may be subject to
additional terms and conditions which shall be provided to Licensee when available to TomTom. Korea data may not be exported from Korea.
E. As of the Effective Date, the following restriction applies to the Licensed TomTom Products: The 6-digit alpha/numeric Canadian Postal Codes
contained in any Licensed Product cannot be used for bulk mailing of items through the Canadian postal system. Furthermore, the 6-digit alpha/numeric
Canadian Postal Codes must be wholly conained in the Authorized Application and shall not be extractable. Canadian Postal Codes cannot be displayed
or used for postal code look-up on the Internet, nor can they be extracted or exported from any application to be utilized in the creation of any other data
set or application. Notwithstanding the above, an End User may optionally correct or derive Canadian Postal Codes using the Value Added Products, but
only as part of the address information for locations (e.g.: of delivery points and depots) that have been set up in the Value Added Product, and
optionally extract data for fleet management purposes.
F. Additional provisions with respect to the Premium Points of Interest North America Licensed Product: It is expressly prohibited to use the Premium
Points of Interest North America for (a) telephone call routing related applications; (b) screen pop applications, (c) CD-ROM director of other derivative
directory product; (d) verification services; (e) caller name services; and (f) online marketing lead verification services.
Following restrictions will apply to usage of the Brand Icon component:
End User agrees that the use of the Brand Icon component is subject to the terms and conditions set forth in this Agreement and that there may be
additional third party terms, conditions and restrictions to which the use of the Brand Icon component will be subject and which will be provided to the
End User from time to time in the product release notes.
G. Additional End User provisions:
End User shall not use the Authorized Application to create (or assist in the creation of) a digital map database. A “digital map database” means a
database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable
turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.
End User shall not use the Authorized Application to provide competitive information about TomTom or its products to third parties.
The Authorized Application may not be used for in-flight navigation.
In the event that any End User is a government entity, include language which is substantially the same as the following:
U.S. GOVERNMENT RIGHTS. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by
SAP Confidential
92
the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and
accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR. In
case of conflict between any of the FAR and/or DFARS that may apply to the Licensed Product, the construction that provides greater limitations on the
Government’s rights shall control. Contractor/manufacturer is TomTom North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone:
603.643. 0330. The Licensed TomTom Products are © 2006-201_ by TomTom. ALL RIGHTS RESERVED. For purpose of any public disclosure
provision under any federal, state or local law, it is agreed that the Licensed TomTom Products are a trade secret and a proprietary commercial product
and not subject to disclosure.
If End User is an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in
whole or in part by the United States Government, then End User hereby agrees to protect the Licensed TomTom Products from public disclosure and to
consider the Licensed TomTom Products exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of
Information Act, or equivalent, which permits public access and/or reproduction or use of the Licensed TomTom Products. In the event that such
exemption is challenged under any such laws, this agreement shall be considered breached and any and all right to retain any copies or to use of the
Licensed TomTom Products shall be terminated and considered immediately null and void. Any copies of the Licensed TomTom Products held by
Licensee shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any
reason, this agreement shall be considered terminated and null and void, in its entirety, and any and all copies of the Licensed TomTom Products shall
immediately be destroyed.
Additional Licensed Product Provisions and Details
A. Additional Provisions with respect to the MultiNet® data of Norway only. Licensee is prohibited from using the MultiNet® data of Norway to create
general purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority. (Any Authorized
Application of the MultiNet® data of Norway shall be regarded as similar to the basic national products of the Norwegian Mapping Authority if such
Authorized Application has a regional or national coverage, and at the same time has a content, scale and format that are similar to the basic national
products of the Norwegian Mapping Authority.)
B. Additional Provisions with respect to the data for China: Licensee agrees that any Licensed Product which contains data of China may be subject to
additional terms and conditions which shall be provided to Licensee when available to TomTom. China data may not be exported from China.
C. Additional Provisions with respect to the data for India: Licensee agrees that any Licensed Product which contains data of India may be subject to
additional terms and conditions which shall be provided to Licensee when available to TomTom.
D. Additional Provisions with respect to the data for Korea: Licensee agrees that any Licensed Product which contains data of Korea may be subject to
additional terms and conditions which shall be provided to Licensee when available to TomTom. Korea data may not be exported from Korea. Data
cannot be shipped to End Users in an open format (such as ESRI shapefile).
E. As of the Effective Date, the following restriction applies to the Licensed TomTom Products: The 6-digit alpha/numeric Canadian Postal Codes
contained in any Licensed Product cannot be used for bulk mailing of items through the Canadian postal system. Furthermore, the 6-digit alpha/numeric
Canadian Postal Codes must be wholly contained in the Authorized Application and shall not be extractable. Canadian Postal Codes cannot be
displayed or used for postal code look-up on the Internet, nor can they be extracted or exported from any application to be utilized in the creation of any
other data set or application. Notwithstanding the above, an End User may optionally correct or derive Canadian Postal Codes using the Value Added
Products, but only as part of the address information for locations (e.g.: of delivery points and depots) that have been set up in the Value Added Product,
and optionally extract data for fleet management purposes.
F. Additional provisions with respect to the Premium Points of Interest North America Licensed Product: It is expressly prohibited to use the Premium
Points of Interest North America for (a) telephone call routing related applications; (b) screen pop applications, (c) CD-ROM director of other derivative
directory product; (d) verification services; (e) caller name services; and (f) online marketing lead verification services. The Local Points of Interest North
America cannot be licensed to the following companies, their commonly owned companies or aliases: Acxiom, Accudata, Allant, Alliance Data,
eBeureau, Equifax, Experian, Knowledgebase Marketing, ChoicePoint, Harte-Hanks, Infutor, Donnelley Marketing, infoGroup, Trans Union, Transaction
Network Services, and LexisNexis.
Following restrictions will apply to usage of the Brand Icon component:
Licensee agrees that the use of the Brand Icon component is subject to the terms and conditions set forth in this Agreement and that there may be
additional third party terms, conditions and restrictions to which the use of the Brand Icon component will be subject and which will be provided to the
End User from time to time in the product release notes.
G. Copyright Notices. Licensee shall conspicuously display each applicable then current copyright notice for the Licensed TomTom Products in
accordance with Article 10.5 “Intellectual Property (rights) notice” for each Authorized Application that is based upon:
1. MultiNet®. As of the Effective Date, the copyright notice is: “Data Source © <current year> TomTom”; and, in addition, “based on”:
(a) MultiNet® data of Austria. As of the Effective Date, the copyright notice is: “© BEV, GZ 1368/2003.”
(b) MultiNet® data of Denmark. As of the Effective Date, the copyright notice is: “© DAV, violation of these copyrights shall cause legal proceedings.”
(c) MultiNet® data of France. As of the Effective Date, the copyright notice is: [for an Authorized Application for Navigation Units: “© IGN France.”] / [for
an Authorized Application for Geographic Information Systems: “Georoute © IGN France.”] / [for an Authorized Application for navigational products:
“Michelin data © Michelin 20__”]
(d) MultiNet® data of Indonesia. As of the Effective Date, the copyright notice is: “® Base data Bakosurtanal”.
(e) MultiNet® data ofGreat Britain. As of the Effective Date, the copyright is: “Contains Ordnance Survey data © Crown copyright and database right
[current year]” and “Contains Royal Mail data © Royal Mail copyright and database right [current year]”
(f) MultiNet® data of Northern Ireland. As of the Effective Date, the copyright notice is: “Ordnance Survey of Northern Ireland.”
(g) MultiNet® data of Norway. As of the Effective Date, the copyright notice is: “© Norwegian Mapping Authority, Public Roads Administration / ©
Mapsolutions.”
(h) MultiNet® data of Russia: As of the Effective Date, the copyright notice is: “© Roskartographia”
SAP Confidential
93
(i) MultiNet® data of Switzerland. As of the Effective Date, the copyright notice is: “© Swisstopo.”
(j) MultiNet® data of The Netherlands. As of the Effective Date, the copyright notice is: “Topografische onderground Copyright © dienst voor het
kadaster en de openbare registers, Apeldoorn 2013.”
2. MultiNet North America: As of the Effective Date, the copyright notice is: “© 2006 – 2013_ TomTom. All rights reserved. This material is proprietary
and the subject of copyright protection and other intellectual property rights owned or licensed to TomTom. TomTom is an authorized user of selected
Statistics Canada computer files and distributor of derived information products under Agreement number 6776. The product is sourced in part from
Statistics Canada computer files, including 2010 Road Network File (RNF), 92-500-G and 2006 Census Population and Dwelling Count Highlight Tables,
97-550-XWE2006002. The product includes information copied with permission from Canadian authorities, including © Canada Post Corporation,
GeoBase®, and Department of Natural Resources Canada, All rights reserved. The use of this material is subject to the terms of a License Agreement.
You will be held liable for any unauthorized copying or disclosure of this material.”
3. MultiNet Post: As of the Effective Date, the copyright notice is: “© 2006 – 2013_ TomTom. All rights reserved. This material is proprietary and the
subject of copyright protection and other intellectual property rights owned or licensed to TomTom. The product includes information copied with
permission from Canadian authorities, including © Canada Post Corporation, All rights reserved. The use of this material is subject to the terms of a
License Agreement. You will be held liable for any unauthorized copying or disclosure of this material.”
4. Premium Points of Interest North America: As of the Effective Date, the copyright notice is: “© 2006-2013 TomTom. All rights reserved. This material
is proprietary and the subject of copyright protection, database right protection and other intellectual property rights owned by TomTom or its suppliers.
Portions of the POI database contained in Local Points of Interest North America have been provided by Localeze. The use of this material is subject to
the terms of a license agreement. Any unauthorized copying or disclosure of this material will lead to criminal and civil liabilities.”
11. UK (ROYAL MAIL)
NOTE – The UK Royal Mail Pass Through Terms are referenced within the body of these terms as “Annex 3.”
Royal Mail Pass Through Terms for UK Address Directories (“Royal Mail Terms”)
Whereas, SAP AG (“Solution Provider”) has entered into a Data License Agreement and a Data Service Agreement with Royal Mail Group Ltd. for UK
address data (“the Data”) as of April 1, 2010;
Whereas, the Data License Agreement foresees certain terms to be passed through to the End User by SAP (“Third Party Solution Provider”);
Whereas, End User agrees to adhere to the Royal Mail terms;
Therefore, Third Party Solution Provider and End User agree as follows:
1. GENERAL
PART 1 – GENERAL PROVISIONS
1. Any reference in Part 2 to a “Solutions Provider” shall be a reference to whichever of the Solutions Provider or a Third Party Solutions Provider
licensed the relevant End-User or Third Party Solutions Provider to use the Data (or part thereof). Any defined terms used in Part 2 shall have the same
meaning as set out in Clause 1.1 of the main body of this Agreement except where otherwise specified in clause 1 of Part 2.
2.1 Third Party Solutions Provider may terminate the Royal Mail Terms in the End-User Agreement if:
2.1.1 the End-User is in breach of any of the Royal Mail Terms contained in the End-User Agreement and where the breach is remediable further fails to
remedy the position within twenty (20) Working Days of the date of written notification from the Solutions Provider of such breach;
2.1.2 the End-User is unable to pay its debts as they fall due or otherwise becomes insolvent, or if a receiver or an administrative receiver is appointed
over any or all of the assets of the End-User, or if any arrangement, compromise or composition of the End-User’s debts is proposed or made by the
End-User, or if the End-User enters or is entered into any proceedings for administration or liquidation or otherwise becomes subject to dissolution
proceedings, or if any analogous event occurs in any other jurisdiction in which the End-User carries out its business;
2.1.3 the End-User discloses any information relating to the business of Royal Mail which is specified by Royal Mail as being confidential or would be
defined in this Agreement as being Confidential Information;
2.2 provide that, subject to Clause 12 of the main body of this Agreement, the Royal Mail Terms in the End-User Agreement shall automatically
terminate if this Agreement is terminated;
2.3 provide that, subject to Clause 12 of the main body of this Agreement, on the earlier of the termination or expiry of the Royal Mail Terms in the EndUser Agreement the End-User shall within twelve (12) months of such date of termination or expiry either:
(i) return to the Third Party Solutions Provider (as the case may be) all copies of the Data (and any part of such Data) and all supporting documentation
supplied to it; or
(ii) permanently delete or destroy all copies of the Data (and any part of such Data) and all supporting documentation supplied to it, which, in each case,
it is reasonably able to destroy or delete, and confirm in writing to the Third Party Solutions Provider (as the case may be) that this has been done; and
2.4 enable Royal Mail to directly enforce the Royal Mail Terms by virtue of the Contracts (Rights of Third Parties) Act 1999.
PART 2 - TERMS COMPRISING PART OF THE ROYAL MAIL TERMS
1. DEFINITIONS
1.1 Where the context so admits, the following words and expressions shall have the following meanings:
SAP Confidential
94
“Alias” means the database known as the ‘Alias File’, which contains ‘Locality’, ‘Thoroughfare’, ‘Alias - Delivery Point’ and ‘County Alias’ details;
“Associate” means a business that has entered into and operates in accordance with an Associate Contract;
“Associate Contract” shall have the meaning given in clause 1.9 of Part 4 of Schedule 1 to Annex 3;
“Associate Group” means an Affiliate or Business Partner of Licensee;
“Associate Group Owner” means the End-User where it has established or operates an Associate Group;
“Associate Group Solution” means a Solution (other than an External Transaction Solution) supplied or to be supplied by SAP to Licensee for use by
it and its Associate Group to the extent permitted pursuant to this Agreement;
“Central Government Department” means a department of the central government of the United Kingdom as may be agreed in writing with Royal Mail
from time to time and such department of central government shall be deemed to include any and all public bodies (including executive agencies)
operating directly under powers delegated by, and whose policies, budgets and tasks are directly controlled and directed by, such department or by the
minister responsible for such department, but this shall not include any entity which is an entity identified by Royal Mail from time to time and/or a
separate legal entity in its own right (each being deemed to be an “End-User” in its own right).
“Cleansed Customer Database” means a Customer Database upon which Database Cleansing (or any element thereof) has been performed by the
End-User;
“Cleansed End-User Database” means the End-User Database upon which Database Cleansing (or any element thereof) has been performed by the
End-User;
“Confidential Information” means any information of a confidential or proprietary nature (irrespective of the form of presentation or communication
including, but not limited to, computer software, databases and data, physical objects and samples) relating to the business, operations, customers,
processes, budgets, product information, know-how and strategies of either party or Royal Mail;
“Corporate License Website” means the Royal Mail website that lists Corporate Licensees and which is generally accessible to persons which have
entered into a license agreement with Royal Mail for the use of PAF®;
“Corporate Licensee” means a legal entity which is licensed to use PAF® pursuant to an agreement with Royal Mail known as the “Corporate Group
License Agreement”;
“Created Data” means any data added to an End-User Database or to a Customer Database or to create a new database where previously there was
none, as a result of the carrying out of Data Creation;
“Customer Database” means an End-User Customer’s electronic compilation of records, database or mailing list, which existed prior to any Database
Cleansing being carried out pursuant to this License Agreement in respect of the same;
“Data” means the databases known as PAF® and/or Alias and any extracts from or updates to any of the same, that the End-User has elected to
receive pursuant to the terms of this License Agreement as supplied or contained in any product, service or solution supplied by the Solutions Provider;
“Data Creation” means the use of the Data, whether incorporated in a Solution or otherwise, to create a new Record or Records by:
(i) add any PAF® Record or PAF® Records; and/or
(ii) add any PAF® Record Element or PAF® Record Elements;
in each case, to an End-User Database or to a Customer Database or to create a new database where previously there was none;
“Data Supply Medium” means the format on or method by which the Data is supplied or made available to the End-User;
“Database Cleansing” means any activity which involves the processing of an End-User Database or Customer Database using the Data and includes:
(i) the verification of an existing Record in the End-User Database or Customer Database as being the same as the entry on the Data;
(ii) the amendment of an existing Record in the End-User Database or Customer Database to correct the address so that it contains the same
information as the entry on the Data;
(iii) the standardization of an existing Record in the End-User Database or Customer Database into a “PAF® format”;
(iv) the flagging or marking of an existing Record in the End-User Database or Customer Database as being the same as the Data;
(v) adding further information derived from the Data to an existing Record in the End-User Database or Customer Database; and/or
(vi) extracting duplicate existing Records in the End-User Database or Customer Database;
but does not include Data Creation;
“Delivery Point” means a complete postal address (business or residential), including a Postcode, to which mail is delivered;
“End-User” shall mean the single legal entity entering into this License Agreement with the Solutions Provider;
“End-User Customer” means a customer of the End-User which has entered into a written agreement with the End-User in respect of it carrying out
Database Cleansing for that customer;
“End-User Database” means the End-User’s electronic compilation of records, database or mailing list which existed prior to any Database Cleansing
being carried out pursuant to this License Agreement in respect of the same;
“European Commission Approved Transfers” means transfers of personal data: (a) within the European Economic Area (b) to such other countries
SAP Confidential
95
as are approved from time to time by the European Commission as having an adequate level of protection for personal information or (c) which are
protected by legislation or frameworks within other countries where such legislation or frameworks have been approved by the European Commission as
having an adequate level of protection for personal information;
“External Transaction Solution” means a Solution whereby the End-User operates a publicly available website (or a technical equivalent) which offers
products and services to its Service Recipients and which can capture, verify, update or amend an address or postcode entered by a Service Recipient;
“Intellectual Property Rights” means all intellectual and industrial property rights including, without limitation, patents, utility models, trademarks,
service marks, design rights (whether registered or unregistered), copyrights, database rights, semiconductor topography rights, proprietary information
rights, any other similar proprietary rights and all applications, extensions and renewals in relation to such rights as may exist anywhere in the world or
be recognized in the future;
“Internal Transaction Solution” means a Solution whereby the End-User accesses or is able to access the Data for its own internal use by way of
Transactions;
“License Agreement” means the terms comprising body of this agreement together with its annexes (if any);
“Limited Record Selection” means an option selected by the End-User which entitles it to access up to a maximum of two hundred thousand
(200,000) PAF® Records across a maximum of up to four (4) adjoining Postcode Areas;
“Load-Balancing Purposes” means the purposes of splitting work, data, software or other materials between multiple computers, network links or
other resources in order to optimize resource usage, minimize response time and improve reliability;
“Look Up Solution” means a Solution whereby the End-User offers a service to its Service Recipients by telephone, mobile telephone, PDA, on the
internet or through other technical equivalents which allows a Service Recipient to obtain individual addresses or Postcodes for such Service Recipient’s
own personal use;
“Maximum Data Return” shall have the meaning given in the definition of “Transaction” in this clause 1;
"PAF®" means the database, or any part of it, known as the ’Postcode Address File’ containing all known delivery address and Postcode information in
the United Kingdom as may be amended from time to time. “PAF” is a registered trade mark of Royal Mail;
“Permitted Subcontracting Purposes” means purposes of the provision of data storage and/or information technology services to the End-User or
where the sub-contractor is otherwise acting on behalf of the End-User for the End-User’s own internal business purposes;
“Postcode” means a single alphanumeric code owned and developed by Royal Mail and allocated by Royal Mail to identify an address or number of
addresses;
“Postcode Area” means the area identified by the outward part of the Postcode comprising the first two alphabetic characters;
“Record” means an individual entry in or to be made in a collection of data containing a Delivery Point or details of part of a Delivery Point and which
may also contain a business or consumer name;
“Royal Mail” means Royal Mail Group Limited;
“Service Recipient” means a recipient of products or services from the End-User, whether a fee-paying customer or otherwise. For the avoidance of
doubt, such recipient must be a third party and not a representative of the End-User itself;
“Solution” means any product, service or other solution of the Solutions Provider’s which is modified or enhanced by, incorporated with, created using,
derived from or derives benefit from, or involves the supply or the making available of the Data or any part of the Data (including the provision of raw
Data). Such product, service or solution may: (i) be produced in any form, including any device, solution, software or database; (ii) be in written form or
produced electronically; and (iii) include functionality, software, services or other data in addition to the Data itself;
"Solutions Provider" means the person licensed by Royal Mail (or sub-licensed by another person that is licensed to do so) to obtain copies and
updates of the Data to enhance its own Solutions for supply to the End-User;
“Term” means the period agreed between the Solutions Provider and the End-User;
“Transaction” means, in response to a query relating to a Delivery Point (or part thereof) and/or the Alias data relating to a Delivery Point, a verification
of that query and/or a return of data of up to a maximum of one hundred (100) Delivery Points and the Alias data relating to such returned Delivery
Points (“Maximum Data Return”). For the avoidance of doubt:
(i) data comprising parts (rather than the whole) of Delivery Points may be returned;
(ii) further searches within the returned data (provided no additional data is returned as part of such search) are not considered to be a further
“Transaction”;
(iii) returns of data in excess of the Maximum Data Return shall be an additional “Transaction” or additional “Transactions” (as appropriate depending
on the amount of data returned);
"User" means an individual work station or terminal or hand-held or otherwise portable device internal to the End-User; and
“Working Day” means any day which is not a Saturday, Sunday or public holiday in England.
1.2 Except where the context otherwise requires, words denoting the singular include the plural and vice versa, words denoting any gender include all
genders and words denoting persons include firms and corporations and vice versa.
1.3 In the event of any inconsistency or conflict between any provisions of the clauses of the main body of this License Agreement and any provision of
the annexes, the former shall prevail, but only to the extent of the relevant conflict or inconsistency.
1.4 Clause headings are for ease of reference only and do not affect the construction of this License Agreement.
1.5 Any references in this License Agreement to any enactment, order, regulation or other similar instrument shall be construed as a reference to the
SAP Confidential
96
enactment, order, regulation or instrument as amended by any subsequent enactment, order, regulation or instrument or as contained in any subsequent
re-enactment thereof.
2. LICENSE
The End-User may use the Data in the Solution as provided to the End-User by the Solutions Provider on a non-exclusive, non-transferable, revocable
basis, for the Term (unless terminated earlier), in accordance with the terms of this License Agreement.
3. LIMITS ON USE OF THE DATA
3.1 General Limits on use
3.1.1 The End-User shall use the Data for its own internal use only except as and only to the extent expressly permitted pursuant to this License
Agreement.
3.1.2 Except as is expressly permitted by the terms of this License Agreement, the End-User shall not:
3.1.2.1 use any of the Data or any Solution to create its own products or services containing any of the Data to provide or offer to any third party;
3.1.2.2 copy or reproduce (subject to clauses 3.1.3 and 3.1.4), extract, publish or reutilize the whole or any part of the Data;
3.1.2.3 transfer, sell, license, disseminate or in any way part with possession of the whole or any part of the Data to any third party.
3.1.3 The End-User may make copies of the Data to the extent reasonably necessary for the following purposes only: back-up, security, disaster
recovery purposes and testing.
3.1.4 The End-User may also make identical copies of the Data supplied to it to the extent reasonably necessary for Load-Balancing Purposes. The
End-User shall ensure that such copies are not used for any other purpose and shall notify the Solutions Provider where it does make any such copies.
3.1.5 Except as expressly stated in this License Agreement, the End-User shall not:
3.1.5.1 carry out any Data Creation unless it has the prior written consent of the Solutions Provider and then provided only that any such Data Creation
is deemed to be a further copy of the Data;
3.1.5.2 subject to the provisions of Schedule 1 to Annex 3, supply or give access to any Created Data or any database or copy of a database (or, in each
case, any part thereof) which includes any Created Data.
3.1.6 The End-User is permitted to carry out Database Cleansing only in respect of its own End-User Databases and Customer Databases (and in
respect of such Database Cleansing and then the supply of a Cleansed Customer Database to the End-User Customer from which it originated as a
Customer Database, this shall be known as “Bureau Services”) and not any other databases and provided that:
3.1.6.1 in respect of End-User Databases, it at all times complies with the provisions of clauses 3.1.7 to 3.1.11; and
3.1.6.2 in respect of Customer Databases, it at all times complies with the provisions of Part 6 of Schedule 1 to Annex 3.
3.1.7 The End-User shall only be entitled to use each Cleansed End-User Database for its own internal use and, subject to clauses 3.1.8 to 3.1.10, for
supply to third parties.
3.1.8 For the purposes of clauses 3.1.9 and 3.1.10:
3.1.8.1 the meaning of “series of connected databases” shall include (but not be limited to) databases directly or indirectly derived from a single
database or originating from the End-User or End-User Customer;
3.1.8.2 the meaning of “substantially all” can be determined qualitatively or quantitatively and shall be determined in the reasonable opinion of Royal
Mail;
3.1.8.3 the expression “normal data supply activities” includes any activities carried out by the End-User as part of or in connection with its day to day
business of providing address database services to third parties and may, as appropriate, include (but not be limited to) mailing list supply to mailing
houses or other mailing list purchasers and the provision of sample address lists for market research purposes, but shall not include further database
cleansing by the End-User, or the licensing of any third party by the End-User to reproduce the Cleansed End-User Database or to use it for database
cleansing purposes; and
3.1.8.4 any description of a “comprehensive postal address database” includes a description of an address database as comprising all or substantially all
the delivery points in the United Kingdom, England, Scotland, Wales or Northern Ireland, or any description of similar meaning or effect.
3.1.9 Any Cleansed End-User Database, which (as a single database or as part of a series of connected databases) comprises all or substantially all the
Delivery Points in the United Kingdom or any of England, Scotland, Wales or Northern Ireland, may only be supplied by the End-User to a third party
where it all times complies with the provisions of clause 3.1.10.
3.1.10 Any Cleansed End-User Database which (either on its own or as part of series of connected databases) comprises all or substantially all the
Delivery Points in the United Kingdom or any of England, Scotland, Wales or Northern Ireland may only be supplied by the End-User to third parties (the
“First Level Third Parties”), and by such First Level Third Parties to other third parties (the “Second Level Third Parties”), provided that:
3.1.10.1 neither the End-User nor any third party shall at any time promote, market, represent or hold out the Cleansed End-User Database as being a
“master” comprehensive postal address database or “original” comprehensive postal address database or as being of any similar description;
3.1.10.2 such Cleansed End-User Database shall be supplied by the End-User to a First Level Third Party or by a First Level Third Party to a Second
Level Third Party, in each case only as part of its normal data supply activities;
SAP Confidential
97
3.1.10.3 any such supply to a Second Level Third Party is subject to a requirement that the Cleansed End-User Database shall at all times be used only
for the internal purposes of any such Second Level Third Party (and not for supply to any other third party);
3.1.10.4 any such supply to a Second Level Third Party is subject to requirements on such Second Level Third Party not to reproduce or make any
copies of the Cleansed End-User Database or of a substantial part thereof for supply to any other third party and not to make any such supplies; and
3.1.10.5 during the Term and for a period of six (6) years after the date of termination of this License Agreement, any supply to any First Level Third
Party or Second Level Third Party is subject to a prominent notice stating that the Cleansed End-User Database has been cleansed against Royal Mail’s
PAF® being attached and embedded electronically in any soft copy of, and being attached to any hard copy medium comprising or containing any such
Cleansed End-User Database.
The provisions of this clause 3.1.10 shall continue to operate after any expiry or termination of this License Agreement.
3.1.11 The End-User may include the following statement, provided only that its use is reasonable, on its business stationery and publicity material and
provided that such use is not permitted after the date of expiry or termination of this Agreement: “[Name of End-User] processes databases against
Royal Mail’s PAF® and Alias databases.”
3.1.12 During the Term and for a period of three (3) years after the date of termination of this License Agreement, the End-User shall, upon request
provide within twenty (20) Working Days to the Solutions Provider, the name and contact details of all third parties to whom the Cleansed End-User
Database has been supplied. The provisions of this clause 3.1.12 shall continue to operate after any expiry or termination of this License Agreement.
3.1.13 The provisions of Schedule 1 to Annex 3 (Advanced Options) shall also apply where the End-User receives or is able to access a Solution that is
or includes the Look Up Solution, External Transaction Solution, Extended use Solution, Associate Group Solution or Broker Group Solution or where it
wishes to provide Bureau Services.
3.2 Data Protection
3.2.1 The Parties’ attention is drawn to the Data Protection Act 1998, Directive 95/46/EC of the European Parliament and any legislation and/or
regulations implementing them or made in pursuance of them (the “Data Protection Requirements”). The End-User acknowledges that Royal Mail is
the data controller in respect of any personal data in the Data. Royal Mail and the Solutions Provider acknowledge that the End-User is the data
controller in respect of any personal data in its own database whether it has been cleansed, modified or otherwise. The End-User agrees it will not do or
omit to do any act which would place it, the Solutions Provider or Royal Mail in breach of the Data Protection Requirements and each Party warrants to
the other that it will duly observe all its obligations under the Data Protection Requirements which arise in connection with the performance of this
License Agreement. The End-User agrees that it shall:
3.2.1.1 implement appropriate technical and organizational measures to protect personal data within the Data against accidental or unlawful destruction
or accidental loss, alteration, unauthorized disclosure or access;
3.2.1.2 promptly refer to Royal Mail (either directly or indirectly via the Solutions Provider any queries relating to the personal data within the Data from
data subjects, the Information Commissioner or any other law enforcement authority, for Royal Mail to resolve;
3.2.1.3 promptly upon request from Royal Mail provide such information to Royal Mail as Royal Mail may reasonably require to allow it to comply, in
relation to the personal data within the Data, with the rights of data subjects, including subject access rights, or with information notices served by the
Information Commissioner; and
3.2.1.4 ensure that if, during the term of this License Agreement, it intends to make any transfers of personal data within the Data which are not
European Commission Approved Transfers, then it shall, prior to any such transfer, obtain Royal Mail’s consent and at the End-User’s own cost provide
such further information and sign such further documents, agreements or deeds as Royal Mail may require to ensure the adequate protection of the
personal data.
For the purposes of this clause 3.2 “data controller”, “data subject”, “personal data” and “processing” shall have the meanings ascribed to them in the
Data Protection Act 1998.
3.3 Sub-Contracting
3.3.1 The End-User shall be permitted to provide Data or allow the provision of or access to Data to its sub-contractors only for the purposes of and to
the extent necessary for:
3.3.1.1 the provision of data storage and/or information technology services to the Solutions Provider; and/or
3.3.1.2 the sub-contractor to otherwise act on behalf of the End-User for the End-User’s own internal business purposes;
and, in each case, only using the Data for the End-User’s own business purposes and not otherwise for the sub-contractor’s own purposes or benefit
and only provided that it at all times complies with clause 3.3.2.
3.3.2 The End-User shall ensure that:
3.3.2.1 the Solutions Provider has given its prior written consent to the End-User’s use of such sub-contractor within ten (10) Working Days of request
and the End-User shall inform the Solutions Provider or Royal Mail (as appropriate) of the name and address of the sub-contractor and such other
details as the Solutions Provider and/or Royal Mail may reasonably request; and
3.3.2.2 such sub-contractor has entered into a written agreement with the End-User on terms which reflect the use of the Data permitted pursuant to
clause 3.3.2 and which are otherwise no less onerous, and which do not grant more extensive rights, than those contained in this License Agreement
(the “Sub-Contractor Agreement”) in relation to the Data and which:
SAP Confidential
98
(a) includes termination provisions equivalent, as between End-User and its sub-contractor, to those set out in this License Agreement and which
provide that the agreement will automatically terminate if this License Agreement is terminated or if the End-User otherwise ceases to be licensed to use
and/or permit the sub-contractor to use the Data;
(b) contains provisions relating to confidentiality and to the ownership and protection of the Data and Intellectual Property Rights subsisting in and/or
relating to the Data, which are no less onerous than and which do not grant more extensive rights than those contained in this License Agreement,
including (without limitation) clauses 2 (License), 3 (Limitations on use of the Data by End-Users), 6 (Liability) and 7 (Property Rights in the Data); and
(c) enables Royal Mail to directly enforce all terms relating to the Data by virtue of the Contracts (Rights of Third Parties) Act 1999; and
3.3.2.3 the End-User shall not be relieved of any of its obligations under this License Agreement and shall remain primarily responsible for the acts and
omissions of its sub-contractors as though they were its own and shall be responsible for all loss or damage (whether direct or indirect or consequential)
howsoever arising out of or in connection with such sub-contractor’s use of or access to the Data;
3.3.2.4 the End-User promptly provides to Royal Mail copies of such Sub-Contractor Agreements as may be requested by Royal Mail (or the Solutions
Provider on behalf of Royal Mail) from time to time.
3.4 Geographic Specific Restrictions
3.4.1
Use of UK Address Directory for eCommerce (as defined herein) is not permitted unless both UK Address Directory and UK Address
Directory Add On for eCommerce are licensed. “eCommerce” as used with regard to UK Address Directory means a solution whereby the Licensee
operates a publicly available website (or a technical equivalent) which offers products and services to its external customers and which can capture,
verify, update or amend an address or postcode, entered by a Licensee external customer, using the licensed product.
3.4.2
Data originating in the UK Address Directory may only be accessed and used via the Software licensed from SAP. The UK Address Directory
is licensed to Licensees on a per-Royal Mail User basis. Licensee shall ensure that the total number of Royal Mail Users that store, access, process, use
and/or display data originating in the UK Address Directory (for the purpose of this section, “Employ”) does not exceed the total number of Royal Mail
Users licensed by Licensee.
3.4.3
Unless Licensee has licensed an unlimited number of Royal Mail Users, Licensee shall periodically review the number of Royal Mail Users
that Employ data originating in the UK Address Directory and report any increase in the number of Royal Mail Users and/or change in the license
category to SAP without delay. SAP shall thereupon have the right to increase the Subscription Fee if the total number of Royal Mail Users Employing
the UK Address Directory data exceeds the number of licenses purchased by Licensee. Without limiting the foregoing, 90 days prior to the start of each
subscription renewal period Licensee shall audit and report to SAP in writing the current number of Royal Mail Users Employing data originating in the
UK Address Directory. The results of such audit shall be used to determine subscription fees for the upcoming subscription period.
3.4.4
Use of UK Address Directory for Central Government Agencies of the United Kingdom (as defined herein) require a separate licence.
4. END-USER OBLIGATIONS
4.1 The End-User shall keep a complete and accurate audit trail of all financial and non-financial transactions relating to this License Agreement and
shall retain the same for a period of six (6) years. The End-User shall grant the Solutions Provider and/or Royal Mail and/or their agents reasonable
accompanied access upon reasonable prior notice, during working hours, to its premises, accounts and records relevant to this License Agreement for
the purposes of verifying and monitoring the End-User’s compliance with its obligations under this License Agreement (the “Audit”) and shall provide all
reasonable cooperation and assistance in relation to the Audit. Royal Mail shall not carry out an Audit more than once in any twelve (12) month period
except where it reasonably suspects that the End-User has failed to comply with any of its obligations under this License Agreement.
4.2 The End-User shall comply with all laws and regulations applicable to its use of the Data.
5. FEES
5.1 The Solutions Provider acknowledges that the fees that it is charged by Royal Mail in relation to the Data and its subsequent usage by End-Users
are calculated on the same basis as those charged to all solutions providers operating under the same or similar terms. Such fees may be amended by
Royal Mail each year. The current fees are, and any varied fees will be, made publicly available by Royal Mail by being published on its publicly
available website, which is currently at www.royalmail.com, from time to time. The Solutions Provider acknowledges that it is not under any obligation to
Royal Mail to charge certain fees to the End-User.
5.2 The End-User acknowledges that it has made all reasonable efforts to ascertain if it is a Corporate Licensee in advance of paying any fees to the
Solutions Provider, including making all reasonable enquiries of any parent companies and/or subsidiaries and checking the Corporate License Website.
5.3 Where the End-User is required by the Solutions Provider to pay any fees calculated on a Transaction basis (other than where this is an annual fee
for unlimited Transactions) in relation to any Data stored by it (rather than by the Solutions Provider for the End-User to remotely access) then it shall
ensure that access to that Data is controlled by means of a Transaction Management System. Notwithstanding the foregoing, the End-User shall at all
times ensure that the Maximum Data Return is not exceeded in any single Transaction.
5.4 Where the End-User has elected to pay any fees for any of the Data calculated on per User basis the applicable fee shall be payable in respect of
each User which has the ability to access any of the Data from time to time. The End-User shall not allow any Users in excess of the number that it has
notified to the Solutions Provider to access or have the ability to access any of Data.
5.5 Where the End-User has elected to only be able to access, and hence pay any fees, for Data for certain Postcode Areas and/or “Limited Record
Selection” then it shall ensure that it does not access any Data in excess of that Data so selected.
5.6 Where the End-User purchases a block or blocks of Transactions by the Solutions provider, each such block of Transactions shall remain valid for a
period of twelve months from the date of supply or the making available of that block. At the end of each such twelve month period any unused
Transactions in such block shall be deemed to be expired and, as directed by the Solutions Provider, shall either not be used or shall be charged for as if
they were a further block.
SAP Confidential
99
6. LIABILITY
6.1 Royal Mail does not in any way warrant the accuracy or completeness of the Data and shall not be liable for any loss or damage (whether direct or
indirect or consequential) howsoever arising out of or in connection with this License Agreement or its termination, except to the extent that such liability
may not be lawfully excluded.
6.2 Royal Mail is not liable in any way in respect of any Data or Solutions provided by the Solutions Provider to the End-User.
6.3 Even if the Solutions provided to the End-User by the Solutions Provider are designated as Royal Mail approved, Royal Mail does not in any way
warrant that such Solutions have been tested for use by any party or that such Solutions will be suitable for or be capable of being used by any party.
6.4 Royal Mail shall not be obliged in any circumstances to provide any Data or any Solutions direct to the End-User.
6.5 For the avoidance of doubt, neither party excludes liability for any personal injury or death which is caused by their negligence or for any other
liability which may not be excluded by law.
6.6 The provisions of this clause 6 shall continue to operate after any expiry or termination of this License Agreement.
7. PROPERTY RIGHTS IN THE DATA
7.1 The Data and all Intellectual Property Rights subsisting in and/or relating to the Data from time to time are and shall remain the property of Royal
Mail or its licensors. The End-User shall acquire no rights in the Data or the Intellectual Property Rights except as expressly provided in this License
Agreement. This License Agreement shall not operate as an assignment by Royal Mail or the Solutions Provider of any Intellectual Property Right that
may subsist in or relate to the Data.
7.2 Royal Mail reserves all its Intellectual Property Rights in the Data and reserves its rights under this Licensee Agreement (including all its rights to
take enforcement action in respect of the same) in relation to any use of the Data (or any part of the Data) by the End-User and/or any End-User
Customer which is not permitted under this Licensee Agreement. This shall include, without limitation, any provision to a third party of a copy of or
access to any Cleansed End-User Database or Cleansed Customer Database or any other database which is in breach of or results from a breach of
this License Agreement.
7.3 The End-User shall not remove or tamper with any Intellectual Property Rights notice attached or used in relation to the Data.
7.4 The License Agreement does not grant to the End-User any right to use any of the trade marks, service marks, business names or logos of Royal
Mail.
7.5 The provisions of this clause 7 shall continue to operate after the termination of this License Agreement.
8. ASSIGNMENT
The End-User shall not assign any of its rights or obligations under this License Agreement or otherwise transfer this License Agreement or any part of it
(including any license) without the prior written consent of the Solutions Provider.
9. GENERAL
9.1 This License Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with English law. The parties hereby irrevocably submit to the non-exclusive
jurisdiction of the English courts.
9.2 The provisions of this clause 9 shall continue to operate after any expiry or termination of this License Agreement.
Schedule 1 to Annex 3 – Advanced Options
PART 1 – Look up Solutions not offered
PART 2 - EXTERNAL TRANSACTION SOLUTIONS
Recitals
(A) External Transaction Solutions exist to allow End-Users to make limited amounts of Data available to third parties in order to confirm certain address
details where a product or service is being made available to such third parties via the End-User’s publicly available website.
(B) Where an End-User wishes to use any such External Transaction Solutions it must at all times do so on the terms and conditions consistent with this
Part 2 of Schedule 1 to Annex 3.
1. External Transaction Solutions: Operative Provisions
1.1 Where the End-User uses an External Transaction Solution, the End-User shall:
1.1.1 only use the External Transaction Solution to carry out Transactions for the purpose of capturing, verifying, updating or amending details entered
by a Service Recipient or prospective Service Recipient on the End-User’s publicly available website and only for the purpose of dispatching a product
(such purpose may include the provision of the Service Recipient’s verified, updated or amended details to a postal or delivery service provider for the
purposes of carrying out that dispatch) or for the purpose of the provision of a service, in each case that is offered on such publicly available website to
the Service Recipient;
1.1.2 ensure that the External Transaction Solution is configured in such a way that a request is initiated by a Service Recipient of the End-User via the
End-User’s publicly available website to verify, update or amend a single address or Postcode entered by that Service Recipient on the End-User’s
publicly available website. Upon receipt of that request, the External Transaction Solution must respond by returning a correct address or Postcode or
SAP Confidential
100
confirming that the address inputted is correct;
1.1.3 except where it is required by the Solutions Provider to pay only an annual fee rather than fees on a per Transaction basis, monitor the number of
Transactions performed and report this accurately to the Solutions Provider;
1.1.4 not use the Data, or any part of it, as contained in the External Transaction Solution elsewhere in its organization or for any purpose other than to
operate the External Transaction Solution.
1.2 The End-User shall not use the External Transaction Solution for any other purpose other than as permitted in paragraph 1.1 and shall not pass on
any part of the Data obtained as a result of using the External Transaction Solution to any third party unless expressly permitted in accordance with this
License Agreement.
not offered PART 3 – EXTENDED USE SOLUTIONS
PART 4 - ASSOCIATE GROUP SOLUTIONS
Recitals
(A) Associate Group Solutions exist to provide for cost effective use of the Data by an End-User where it has established or where it operates a closely
connected group comprising other legal entities.
(B) In the case of Associate Groups, the relevant closely connected groups those in a franchise-type situation.
(C) For the purposes of Associate Group Solutions an End-User will be described as the Associate Group Owner.
(D) Where an End-User wishes to use any such Associate Group Solutions it must at all times do so on the terms and conditions of this Part 4 of
Schedule 1 to Annex 3.
1. Associate Group Solutions: Operative Provisions
1.1 Where the End-User is an Associate Group Owner and receives or uses any Associate Group Solutions supplied by the Solutions Provider then it
shall be liable to pay to the Solutions Provider the appropriate fees in respect of each Associate Group Solution and this shall be on behalf of itself
and all Associates that participate in the same Associate Group.
1.2 The use by the Associate Group Owner of any other Solution, or the use of the Associate Group Solution or any Data for any purpose other than as
expressly set out in this Part 4 of Schedule 1 to Annex 3 must be licensed appropriately in accordance with the other provisions of this Licence
Agreement and in respect of which the appropriate licence fees shall be paid.
1.3 The Associate Group Owner shall not permit any Associates to use or access the Associate Group Solution or any Data for any purpose other than
as expressly set out in this Part 4 of Schedule 1 to Annex 3. Where an Associate wishes to use the Data in any way other than as expressly set out
in this Part 4 of Schedule 1 to Annex 3 it shall first enter into an End-User Agreement with the Solutions Provider or other appropriately licensed
third party.
1.4 The Associate Group Owner shall ensure that each Associate Group Solution shall only be used by it and the Associates that participate in that
same Associate Group and not by any other person.
1.5 The Associate Group Owner shall remain primarily responsible for the acts and omissions of the Associates that participate in its Associate Groups
as though they were its own and shall be responsible for all loss or damage (whether direct or indirect or consequential) howsoever arising out of or
in connection with such Associates’ use of or access to the Data.
1.6 Where the Associate Group Owner receives or uses an Associate Group Solution supplied by the Solutions Provider then it shall enter into and
enforce the terms of a written agreement with each Associate that participates in its Associate Group. The terms of such agreement shall be
equivalent to, no less onerous than and shall not grant more extensive rights than those terms relevant to the Associate Group Solution which are
contained in this Licence Agreement (including, without limitation, those provisions relating to the licensing and limitations on the use of the Data,
termination, confidentiality, liability and property rights in the Data) and which:
1.6.1 only permits each such Associate to use the Associate Group Solution as set out in this Licence Agreement and not for any other purpose,
including any other internal use or for supplying or making available to any other third party; and
1.6.2 enables Royal Mail to directly enforce all terms relating to the Data by virtue of the Contracts (Rights of Third Parties) Act 1999.
1.7 The Associate Group Owner shall on request notify the Solutions Provider in writing of all Associates that participate in its Associate Group and
shall provide it with copies of the agreements between it and the Associates that participate in its Associate Group.
1.8 Upon request from Royal Mail and/or the Solutions Provider, the Associate Group Owner shall provide evidence to Royal Mail’s reasonable
satisfaction which shows that each Associate that is identified by the Associate Group Owner as an Associate is a genuine Associate.
1.9 The Associate Group Owner shall enter into or shall already have entered into a written contract with each Associate which:
1.9.1 authorises the Associate to undertake marketing, distributing, supplying, reselling or providing information to, or obtaining enquiries or orders from,
third party Service Recipients or potential Service Recipients, in each case in respect of the products and/or services supplied in accordance with a
common identity and business format or method;
1.9.2 obliges the Associate Group Owner to provide know-how and/or technical and/or business support to the Associate; and
1.9.3 obliges the Associate to operate according to specified methods or standards;
in each case in a manner which is consistent throughout the Associate Group (the “Associate Contract”).
SAP Confidential
101
1.10
The Associate Group Owner shall ensure that the Associate Group Solution:
1.10.1 shall be securely held by it and only made available and accessible to it and the Associates participating in that same Associate Group with
sufficient security to prevent use by any other person (the “Secure Associate Network”);
1.10.2 where made available or is accessible to Associates over an electronic network, such electronic network shall be owned or controlled by the
Associate Group Owner and the Associate Group Solution shall only be made available or accessible over a secure electronic connection with
technical restrictions to prevent use by any other person (the “Secure Associate Electronic Network”);
1.10.3 shall only be used for the purposes of capturing, completing and/or verifying address details of Service Recipients or potential Service Recipients
and only provided such details are supplied to the Secure Associate Network or entered into the Secure Associate Electronic Network by the
Associate Group Owner or the Associates participating in that same Associate Group and not by the Service Recipient or any other person;
1.10.4 is only used in connection with the supply or offers of supply of the products and/or services supplied in accordance with a common identity and
business format or method which is specified in the Associate Contract and/or the provision of information on those products and/or services, in
each case to Service Recipients or potential Service Recipients.
1.11
The Associate Group Owner shall ensure that Royal Mail, the Solutions Provider and/or any of their agents may upon ten (10) Working Days’
notice be entitled to reasonable accompanied access during business hours to its premises, systems, accounts and records and those of each
Associate for the purpose of verifying and monitoring the Associate Group Owner’s compliance with and performance of its obligations under this
License Agreement.
not offered PART 5 - BROKER GROUP SOLUTIONS
PART 6 - DATABASE CLEANSING OF CUSTOMER DATABASES AND BUREAU SERVICES
Recitals
(A) The End-User is permitted to carry out certain database cleansing activities in respect of third party databases.
(B) Where the End-User cleanses a third party database and then supplies the resulting cleansed database back to that third party then it is intended
that this shall be known as “Bureau Services”.
(C) Where an End-User wishes to carry out any such database cleansing activities, as Bureau Services or otherwise, it must at all times do so on the
terms and conditions consistent with this Part 6 of Schedule 1 to Annex 3.
1. Database Cleansing of Third Party Databases and Bureau Services: Operative Provisions
1.1 The End-User shall be entitled to:
1.1.1 retain each Cleansed Customer Database provided that each such Cleansed Customer Database shall only be used by the End-User for its
internal use only and, subject to paragraphs 1.2 to 1.5, below, for supply to third parties;
1.1.2 return each Cleansed Customer Database to the End-User Customer which supplied the relevant original Customer Database to the End-User
provided that the End-User shall ensure that each such End-User Customer shall only:
1.1.2.1 use such Cleansed Customer Database for its own internal use; and
1.1.2.2 supply such Cleansed Customer Database to a third party provided it at all times complies with the provisions the equivalent of paragraphs 1.2 to
1.5, below.
1.2 For the purposes of paragraphs 1.3 and 1.4, below:
1.2.1 the meaning of “series of connected databases” shall include (but not be limited to) databases directly or indirectly derived from a single database
or originating from the End-User Customer;
1.2.2 the meaning of “substantially all” can be determined qualitatively or quantitatively and shall be determined in the reasonable opinion of Royal Mail;
1.2.3 the expression “normal data supply activities” includes any activities carried out by the End-User or End-User Customer as part of or in connection
with its day to day business of providing address database services to third parties and may, as appropriate, include (but not be limited to) mailing list
supply to mailing houses or other mailing list purchasers and the provision of sample address lists for market research purposes, but shall not include
further database cleansing by the End-User or End-User Customer, or the licensing of any third party by the End-User or End-User Customer to
reproduce the Cleansed Customer Database or to use it for database cleansing purposes; and
1.2.4 any description of a “comprehensive postal address database” includes a description of an address database as comprising all or substantially all
the delivery points in the United Kingdom, England, Scotland, Wales or Northern Ireland, or any description of similar meaning or effect.
1.3 Any Cleansed Customer Database, which (as a single database or as part of a series of connected databases) comprises all or substantially all the
Delivery Points in the United Kingdom or any of England, Scotland, Wales or Northern Ireland, may only be supplied by the End-User to an End-User
Customer (but not to any other third party) where such supply is at all times in compliance with the provisions of paragraph 1.4 and the End-User shall
ensure that the End-User Customer shall only supply the same to a third party where such supply is at all times in compliance with the provisions of
paragraph 1.4.
1.4 Any Cleansed Customer Database which (either on its own or as part of series of connected databases) comprises all or substantially all the Delivery
Points in the United Kingdom or any of England, Scotland, Wales or Northern Ireland may only be supplied by the End-User or End-User Customer to
third parties (the “First Level Third Parties”) and by such First Level Third Parties to other third parties (the “Second Level First Parties”) provided that:
SAP Confidential
102
1.4.1 neither the End-User, the End-User Customer nor any third party shall at any time promote, market, represent or hold out the Cleansed Customer
Database as being a “master” comprehensive postal address database or “original” comprehensive postal address database or as being of any similar
description;
1.4.2 such Cleansed Customer Database shall only be supplied by the End-User to an End-User Customer, or by the End-User or End-User Customer
to a First Level Third Party, or by a First Level Third Party to a Second Level Third Party, in each case as part of its normal data supply activities;
1.4.3 any such supply to a Second Level Third Party is subject to a requirement that the Cleansed Customer Database shall at all times be used only for
the internal purposes of any such Second Level Third Party (and not for supply to any other third party);
1.4.4 any such supply to a Second Level Third Party is subject to requirements on such Second Level Third Party not to reproduce or make any copies
of the Cleansed Customer Database or of a substantial part thereof for supply to any other third party and not to make any such supplies; and
1.4.5 during the Term and for a period of six (6) years after the date of termination of this License Agreement, any supply to any End-User Customer,
First Level Third Party or Second Level Third Party is subject to a prominent notice stating that the Cleansed Customer Database has been cleansed
against Royal Mail’s PAF® being attached and embedded electronically in any soft copy of, and being attached to any hard copy medium comprising or
containing any such Cleansed Customer Database.
The provisions of this paragraph 1.4 shall continue to operate after any expiry or termination of this License Agreement.
1.5 The End-User shall enter into a written agreement with each End-User Customer on terms which are no less onerous than and which do not grant
more extensive rights than those contained in this License Agreement in connection with Bureau Services and which enables Royal Mail to directly
enforce its terms by virtue of the Contracts (Rights of Third Parties) Act 1999.
1.6 The End-User may, and may permit the End-User Customer to, include the following statement, provided only that its use is reasonable, on its
business stationery and publicity material and provided that such use is not permitted after the date of expiry or termination of this Agreement: “[Name of
End-User or End-User Customer] processes databases against Royal Mail’s PAF® and Alias databases.”
1.7 During the Term and for a period of three (3) years after the date of termination of this License Agreement, the End-User shall, upon request, provide
within twenty (20) Working Days to the Solutions Provider, the name and contact details of all third parties to whom Cleansed Customer Databases have
been supplied. The provisions of this paragraph 1.7 shall continue to operate after any expiry or termination of this License Agreement.
Not offered – Schedule 2 to Annex 3 (Using the Data for Market Research)
SAP Confidential
103
10. USA – USPS SUBLICENSE AGREEMENTS
1.
Limits on Use of Data
1.1 USPS Certified Address Directory Option for DPV and Lacslink. In the event Licensee activates the locking features of the Software and wishes to
unlock such features, Licensee agrees to provide certain information relating to the list owner, locking record details and the origin of the locking
record including but not limited to the type of list, owner of list if rented and other tracking information as requested by the Licensor or the USPS.
2.
Geographic Specific Restrictions
a.
USPS products may only be sold in the US and are not available outside of the US.
b.
US NATIONAL DIRECTORY PRODUCTS MAY BE SOLD GLOBALLY.
2.3 SPECIALIZED PRODUCTS SUCH AS LACSLINK, SUITELINK, NCOALINK, DPV, USPS DELIVERY SEQUENCE FILE – DSF2 AND RDI MAY
ONLY BE SOLD TO US PERSONS OR ENTITIES FOR USE WITHIN THE US.
THE NCOALINK INTERFACE CAN ONLY BE SOLD TO PERSONS WHO ARE AUTHORIZED BY THE USPS TO PURCHASE NCOALINK DATA.
(NOTE: WE ONLY SELL THE NCOALINK INTERFACE AND CUSTOMERS MUST OBTAIN THE NCOALINK DATA DIRECTLY FROM THE USPS
AND MUST BE CERTIFIED TO PURCHASE SUCH DATA BY THE USPS.)
11. USPS SUITELINK:
1.
Licensee’s right to use the CASS Certified Interface and the SuiteLink Product shall be strictly limited to use only within the United States of
America;
2.
Licensee’s right to use the CASS Certified Interface and the SuiteLink Product shall be strictly limited to improving business delivery addresses
in multi-occupation buildings for use on letters, flats, postcards, packages, leaflets, magazines, postcards, advertisements, books, and other
printed material, and any other item that will be delivered by USPS.
3.
Licensee have no right to sublicense, sell or otherwise distribute, reproduce, perform, or prepare derivative works of the Interface or the
SuiteLink Product.
4.
Licensee acknowledges that:
a.
the CASS Certified Interface and the SuiteLink Product under license from USPS;
b. You are a sublicensee under SAP’s license from USPS and obtain from Licensor no broader right than permitted under SAP's license agreement
with USPS;
5.
You shall be strictly limited to using the CASS Certified Interface and the SuiteLink Product only as a component of SAP’s Data Quality or Data
Services products.
12. USPS NCOALINK
1. Licensee has no rights as to the NCOALink Interface under this agreement beyond using it as a component of Licensor’s Data Quality and Data
Services products in conjunction with the NCOALink data product to update a list, system, group or other collection of at least 100 unique names
and addresses (herein “Mailing Lists”) used for addressing letters, flats, postcards, packages, leaflets, magazines, advertisements, books and other
printed material, and any other deliverable item handled by the United States Postal Service (herein “Deliverables”) for delivery by the United States
Postal Service (herein “USPS”).
2. Licensee has no right to develop or use any NCOALink product, service, interface, or any related item or technology to compile or maintain a list or
collection of names and addresses or addresses only of new movers or to create other products or data bases or collections of information
concerning new movers, histories of address changes, lists or histories of residents, or other informational or data sources based upon information
received from or through the NCOALink data or technology for the purpose of renting, selling, transferring, disclosing, making available or otherwise
providing such information to an entity unrelated to Licensee.
3. For the purposes of communicating with addressees on Licensee’s Mailing Lists and for the purpose of record-keeping, however, Licensee is
permitted to retain updated addresses so long as not used in violation of paragraph 2 above, for individuals and entities with whom Licensee has or
had a business relationship, in connection with which Licensee will use the updated address; however, these updated addresses may only be used
by Licensee and Licensee may use them only for carrying out your organizational purposes in connection with that individual or entity and may not
transfer, disclose, license or distribute to, or be used by any other entity or individual whatsoever.
4. No proprietary Mailing List that contains both old and corresponding updated address records, or any service product or system of lists that can be
used to link old and corresponding updated address records, if updated by use of NCOALink, shall be rented, sold, transferred, disclosed, made
available, or otherwise provided, in whole or in part to your customers or any other individual or entity.
5. Licensee’s right to use the NCOALink Interface is strictly limited to use only within the United States, its territories, and possessions.
6. As to the Interface, Licensee has the right only to update Mailing Lists used to prepare Deliverables that will be deposited with the USPS.
7. Licensee has no right to sublicense, sell, assign, or otherwise transfer rights in, reproduce, perform, attempt to improve, reverse engineer, modify or
otherwise change, or prepare derivative works of the Interface. Any attempt to sublicense, sell, assign, or otherwise transfer rights in, or otherwise
distribute the Interface shall be void.
8. Licensee acknowledges that:
a. USPS owns the NCOALink data, technology, and system in its entirety including that used in the development of the Interface;
SAP Confidential
104
b. USPS owns and retains rights in the trademark of NCOALink and in the registered trademarks UNITED STATES POSTAL SERVICE®, POSTAL
SERVICE ®, US POSTAL SERVICE®, AND USPS® ;
c.
SAP is providing the Interface as a component of its products to Licensee solely for use with the NCOALink Product under a nonexclusive,
limited distribution license from USPS; and
d. the rights Licensee obtains in this license are derived from SAP’s agreement with USPS and you obtain from SAP no broader right than SAP
obtains from USPS, except as to Licensee’s specific right to use the NCOALink Interface to access the NCOALink data.
9. Licensee is strictly limited to using the Interface only as a component of SAP’s Data Quality and Data Services products.
Licensee acknowledges and agrees that Licensee has no right to sublicense, sell, distribute, reproduce, or display USPS trademarks or sell the Interface
or other products under USPS’s trademarks.
13. DPV SUBLICENSE AGREEMENT
This Sublicense Agreement (“Sublicense”) between SAP and Licensee, its subsidiaries and affiliates, current and future (“Sublicensee”) sets forth
additional terms required by the United States Postal Service (“USPS”) regarding Sublicensee’s use of the DPV option with other SAP CASS certified
software.
For purposes of this Sublicense, Delivery Point Validation (“DPV”) means the new USPS proprietary technology product designed to help mailers
validate the accuracy of address data, right down to the physical delivery point. The DPV process cannot assign a ZIP+4 Code nor will it respond to a
non-ZIP+4 coded address.
1. Sublicensee understands that the USPS provides the DPV Product through special licensing in order to protect the USPS’ proprietary intellectual
property and its compliance with restrictions of Title 39 USC § 412.
2. Sublicensee acknowledges that the address information contained within the DPV Product is subject to Title 39 USC § 412. Sublicensee shall take all
steps necessary to secure the DPV Product in a manner that fully complies with Section 412 constraints prohibiting the disclosure of address lists.
3. Sublicensee acknowledges that the DPV Product is confidential and the proprietary property of the USPS. Sublicensee further acknowledges that the
USPS represents that it is the sole owner of copyrights and other proprietary rights in the DPV Product.
4. Sublicensee shall not use the DPV Product technology to artificially compile a list of delivery points not already in Sublicensee's possession or to
create other derivative products based upon information received from or through the DPV Product technology.
5. No proprietary Sublicensee address list(s) or service products or other system of records that contain(s) address attributes updated through DPV
processing shall be rented, sold, distributed or otherwise provided in whole or in part to any third party for any purpose containing address attributes
derived from DPV processing. Sublicensee may not use the DPV technology to artificially generate address records or to create mailing lists.
6. The DPV Product processing requires Sublicensee to have access to address information that appears on mail pieces. To ensure the confidentiality
of this address information, no employee or former employee of Sublicensee may, at any time, disclose to any third party any address information
obtained in the performance of this agreement. Sublicensee agrees to control and restrict access to address information to persons who need it to
perform work under this agreement and prohibit the unauthorized reproduction of this information. Due to the sensitive nature of the confidential and
proprietary information contained in the DPV Product, Sublicensee acknowledges that unauthorized use and/or disclosure of the DPV will irreparably
harm the USPS’ intellectual property. Therefore, Sublicensee (i) agrees to reimburse the USPS for any unauthorized use and/or disclosure at a rate of
treble (3 times) the current annual fee charged to Sublicensee hereunder; and (ii) consents to such injunctive or other equitable relief as a court of
competent jurisdiction may deem proper.
7. BOTH SAP AND THE USPS SHALL NOT BE LIABLE FOR ANY DESIGN, PERFORMANCE OR OTHER FAULT OR INADEQUACY OF DPV, OR
FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH SUCH FAULT OR INADEQUACY. IN NO
EVENT SHALL SAP’S OR THE USPS' LIABILITY TO SUBLICENSEE UNDER THIS AGREEMENT, IF ANY, EXCEED THE PRO RATA PORTION OF
THE ANNUAL LICENSE FEE FOR DPV.
8. SAP agrees to hold harmless, defend and indemnify Sublicensee for infringement of any U.S. copyright, trademark, or service mark in the DPV
provided to Sublicensee under this Agreement. The foregoing obligation shall not apply unless SAP shall have been informed within five (5) calendar
days by Sublicensee of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules,
or regulations to participate in the defense thereof. In addition, Sublicensee agrees to hold harmless, defend and indemnify SAP and the USPS and its
officers, agents, representatives, and employees from all claims, losses, damage, actions, causes of action, expenses, and/or liability resulting from,
brought for, or on account of any injury or damage received or sustained by any person, persons or property growing out of, occurring, or attributable to
Sublicensee’s performance under or related to this agreement, resulting in whole or in part from any breach of this Agreement or from the negligence or
intentional misconduct, including any unauthorized disclosure or misuse of DPV Product, including data derived from DPV, by Sublicensee, or any
employee, agent, or representative of Sublicensee.
9. Sublicensee acknowledges that the USPS reserves the right to stop DPV processing in the USPS’ sole discretion. SAP will not be liable or
responsible for any decision the USPS makes in canceling Sublicensee’s Sublicense, including, but not limited to, arbitrating the cancellation decision on
behalf of the customer. In the event the USPS cancels Sublicensee’s DPV processing, (i) Sublicensee shall not be entitled to any refund or credit from
SAP; and, (ii) SAP will discontinue shipping DPV directories to Sublicensee.
10. Sublicensee agrees that the USPS or its designated representatives, on an announced or unannounced basis, shall have the right to visit and
examine Sublicensee’s sites. USPS or its designated representatives shall have the right examine, on or off Sublicensee’s premises, Sublicensee’s
computer systems, processing files, documents, administrative records, and other materials to ensure Sublicensee’s compliance with the provisions of
this agreement.
11. Sublicensee further agrees that the USPS or its authorized representatives will, until three (3) years after final payment under this agreement, have
access to and the right to examine any directly pertinent books, documents, papers, records or other materials of Sublicensee involving transactions
related to this agreement.
SAP Confidential
105
12. Sublicensee shall not export the DPV Product outside of the United States or its territories without prior written approval of the USPS.
13. This Sublicense shall be governed by the federal laws of the United States of America, or, when no such law is applicable, then by the laws of the
State of New York as interpreted by the United States Court of Appeals for the Second Circuit.
14. This Sublicense shall not be transferable, in whole or in part. The rights and obligations of Sublicensee shall be terminated immediately in the event
of a dissolution, merger, buy-out, or transfer of any kind of the assets of Sublicensee.
15. All obligations of Sublicensee referred to in this Sublicense inure to the benefit of USPS.
14. USPS LACSLINK SOFTWARE SUBLICENSE:
This Sublicense Agreement (“Sublicense”) between SAP and Licensee, its subsidiaries and affiliates, current and future (“Sublicensee”) sets forth
additional terms required by the United States Postal Service (“USPS”) regarding Sublicensee’s use of the LACSLink option with other CASS certified
software.
1. For purposes of this document, the following terms shall be defined as set forth below:
“USPS” means the United States Postal Service.
“Deliverables” means letters, flats, postcards, packages, leaflets, magazines, postcards, advertisements, books, and other printed material,
and any other item delivered by USPS.
“Interface” means one or more SAP interfaces developed for use with the LACSLink Product. “LACSLink Product” means the confidential
and proprietary database concerning the conversion of existing addresses to their new or update or replacement address or the like, provide
by USPS in a highly and uniquely secured environment.
2. Sublicensee’s right to use the Interface shall be strictly limited to use only within the geographic boundaries governed by the Unites States, its
territories, and possessions, and only for updating addresses and mailing lists used to prepare Deliverables for deposit with USPS in conformance with
USPS requirements
Sublicensee shall have no right to sublicense, sell or otherwise distribute, reproduce, perform, or prepare derivative works of the Interface. Sublicensee
hereby acknowledges that:
USPS owns the LACSLink Product and USPS marks;
SAP provides the SAP product in part under license from USPS;
Sublicensee is a Licensee under SAP’s license from USPS and obtains from SAP no broader right than granted to SAP in such license from
USPS:
Sublicensee shall be strictly limited to using the Interface only as a component of the SAP product; and Sublicensee agrees that id does not
have a right to sublicense, distribute, reproduce, perform, display, or sell the Interface or USPS’s marks.
3. BOTH SAP AND THE USPS SHALL NOT BE LIABLE FOR ANY DESIGN, PERFORMANCE OR OTHER FAULT OR INADEQUACY OF LACSLink,
OR FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH SUCH FAULT OR INADEQUACY. IN
NO EVENT SHALL SAP’S OR THE USPS' LIABILITY TO SUBLICENSEE UNDER THIS AGREEMENT, IF ANY, EXCEED THE PRO RATA PORTION
OF THE ANNUAL LICENSE FEE FOR LACSLink BASED ON THE EFFECTIVE DATE OF CANCELLATION WITHIN THIRTY (30) CALENDAR DAYS
OF THE DATE OF CANCELLATION.
4. SAP agrees to hold harmless, defend and indemnify Sublicensee for infringement of any U.S. copyright, trademark, or service mark in the LACSLink
Product provided to Sublicensee under this Agreement. The foregoing obligation shall not apply unless SAP shall have been informed within five (5)
calendar days by Sublicensee of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable
laws, rules, or regulations to participate in the defense thereof. In addition, Sublicensee agrees to hold harmless, defend and indemnify SAP and the
USPS and its officers, agents, representatives, and employees from all claims, losses, damage, actions, causes of action, expenses, and/or liability
resulting from, brought for, or on account of any injury or damage received or sustained by any person, persons or property growing out of, occurring, or
attributable to Sublicensee’s performance under or related to this agreement, resulting in whole or in part from any breach of this Agreement or from the
negligence or intentional misconduct, including any unauthorized disclosure or misuse of LACSLink Product, including data derived from LACSLink
Product, by Sublicensee, or any employee, agent, or representative of Sublicensee.
5. Sublicensee acknowledges that the USPS reserves the right to stop LACSLink Product processing in the USPS’ sole discretion. SAP will not be liable
or responsible for any decision the USPS makes in canceling Sublicensee’s Sublicense, including, but not limited to, arbitrating the cancellation decision
on behalf of the customer. In the event the USPS cancels Sublicensee’s LACSLink Product processing, (i) Sublicensee shall not be entitled to any
refund or credit from SAP; and, (ii) SAP will discontinue shipping LACSLink Product directories to Sublicensee.
6. Sublicensee agrees that the USPS or its designated representatives, on an announced or unannounced basis, shall have the right to visit and
examine Sublicensee’s sites. USPS or its designated representatives shall have the right examine, on or off Sublicensee’s premises, Sublicensee’s
computer systems, processing files, documents, administrative records, and other materials to ensure Sublicensee’s compliance with the provisions of
this agreement.
7. Sublicensee further agrees that the USPS or its authorized representatives will, until three (3) years after final payment under this agreement, have
access to and the right to examine any directly pertinent books, documents, papers, records or other materials of Sublicensee involving transactions
related to this agreement.
8. Sublicensee shall not export the LACSLink Product outside of the United States or its territories without prior written approval of the USPS.
9. This Sublicense shall be governed by the federal laws of the United States of America, or, when no such law is applicable, then by the laws of the
State of New York as interpreted by the United States Court of Appeals for the Second Circuit.
10. This Sublicense shall not be transferable, in whole or in part. The rights and obligations of Sublicensee shall be terminated immediately in the event
of a dissolution, merger, buy-out, or transfer of any kind of the assets of Sublicensee.
11. All obligations of Sublicensee referred to in this Sublicense inure to the benefit of USPS.
SAP Confidential
106
15. DSF2 Interface (USPS Delivery Sequence File - DSF2):
1. Sublicensee has no rights as to the DSF2 Interface under this agreement beyond using it in conjunction with the DSF2 data product to update a list,
system, group or other collection of addresses (herein “Mailing Lists”) used for addressing letters, flats, postcards, packages, leaflets, magazines,
advertisements, books and other printed material, and any other deliverable item handled by the United States Postal Service (herein “Deliverables”)
for delivery by the United States Postal Service (herein “USPS”).
2. Sublicensee’s right to use the DSF2 Interface is strictly limited to use only within the United States, its territories, and possessions.
3. As to the Interface, Sublicensee has the right only to sequence and/or update Mailing Lists used to prepare Deliverables that will be deposited with
the USPS.
4. Sublicensee has no right to sublicense, sell, assign, or otherwise transfer rights in, reproduce, perform, attempt to improve, reverse engineer, modify
or otherwise change, or prepare derivative works of the Interface. Any attempt to sublicense, sell, assign, or otherwise transfer rights in, or otherwise
distribute the Interface shall be void.
5. Sublicensee acknowledges
a. that USPS owns the DSF2 data, technology, and system in its entirety including that used in the development of the Interface;
b. that USPS owns and retains rights in the trademark of DSF2 and in the registered trademarks UNITED STATES POSTAL SERVICE®, POSTAL
SERVICE ®, US POSTAL SERVICE®, AND USPS® ;
c. that Licensee is providing the Interface to Sublicensee solely for use with the DSF2 Product under a nonexclusive, limited distribution license
from USPS; and
d. that the rights Sublicensee obtains in this license are derived from Licensee’s agreement with USPS and Sublicensee obtains from Licensee no
broader right than Licensee obtains from USPS, except as to Sublicensee’s specific right to use the DSF2 Interface to access the DSF2 data.
6. Sublicensee is strictly limited to using the Interface only with the DSF2 Product; and
7. Sublicensee acknowledges and agrees that Sublicensee has no right to sublicense, sell, distribute, reproduce, or display USPS trademarks or sell
the Interface or other products under USPS’s trademarks.
SAP Confidential
107
Exhibit 6 – SAP Business One Software
PREAMBLE
The minimum license requirements for a SAP Business One installation is one (1) SAP Business One Starterpackage User or one (1) SAP Business
One Professional User.
1.
2.
1.
1.1
1.2
2.
2.1
2.2
2.3
2.4
As part of SAP Business One software SAP provides preconfigured SAP Crystal Reports and SAP Crystal Dashboards. Such reports and
dashboards are available without additional license fee (see SAP Crystal Versions for SAP Business One).
SAP Business One software requires a database. Such data base can be licensed via SAP, it’s authorized reseller or direct via the database vedor
or it’s authorized reseller.
SAP Business One Integration for SAP NetWeaver
SAP Business One integration for SAP NetWeaver is part of the SAP Business One license.
®
SAP Business One Integration for SAP NetWeaver Integration Packages. SAP Business One integration for SAP NetWeaver Integration
Packages are provided without additional charge; use is subject to separate use terms.
SAP Business One Starter Package User
Minimum license requirement: One (1) SAP Business One Starter Package User.
Maximum number of licenses is limited to five (5) SAP Business One Starter Package Users.
If licensee requires more than the maximum number of five (5) SAP Business One Starter Package Users, all users need to be licensed as
SAP Business One Professional or Limited Professional User.
The following product options can be added to the SAP Business One Starter Package:
Integration Framework of SAP Business One
Max. 5 User for SAP Crystal Reports, version for the SAP Business One application
Max. 5 User for SAP Crystal Dashboard Design, version for SAP Business One
Max. 5 User for SAP Crystal Dashboard Viewing, version for the SAP Business One application
2.5
3.
3.1
4.
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
5.
The SAP Business One Starter Package User cannot be combined with any other SAP Business One Named User type or with other SAP
Business One product option.
Mobile Access
SAP Business One mobile access is available for all SAP Business One Named User types (excluding SAP Business One Web CRM User,
SAP Business One Access User, and SAP Business One Indirect Access Users) without additional license fee.
SAP Crystal Versions for SAP Business One
SAP provides preconfigured SAP Crystal Reports and SAP Crystal Dashboards as a part of SAP Business One.
Such SAP provided reports and dashboards are available to all SAP Business One Named Users without additional license fee.
A single SAP Business One deployment includes one (1) user for SAP Crystal Reports, without additional license fee.
For additional dashboards, the appropriate SAP Crystal Dashboard Design software license is required to view, use and modify.
SAP Crystal product versions for SAP Business One (i) are restricted for Use with the SAP Business One application data; (ii) are further
subject to the terms and conditions applicable to SAP Crystal as stated in the List of Prices and Conditions for SAP Software and Support; and
(iii) cannot be in deployed in a standalone environment.
SAP Crystal Reports, version for the SAP Business One application. SAP Crystal Reports version for the SAP Business One application
provides a single user license that grants access rights to use SAP Crystal Reports, version for SAP Business One.
SAP Crystal Dashboard Design, version for the SAP Business One application. SAP Crystal Dashboard Design, version for the SAP Business
One application provides a single user license that grants access rights to use SAP Crystal Dashboard Design for SAP Business One. The
SAP Crystal Dashboard Design, version for SAP Business One license does not include the rights granted under a SAP Crystal Dashboard
Design license. One named user license of the SAP Crystal Dashboard Viewing, version for the SAP Business One application is included
with the SAP Crystal Dashboard Design, version for SAP Business One license.
SAP Crystal Dashboard Viewing, version for the SAP Business One application. SAP Crystal Dashboard Viewing, version for the SAP
Business One application license provides a single user license that grants rights to view dashboards created using the SAP Crystal
Dashboard Design, version for SAP Business One software.
SAP Business One User Bundle
The SAP Business One User Bundle is optional and only one (1) bundle can be licensed per new named customer. The bundle comprises:
three (3) SAP Business One Professional User
one (1) SAP Business One Limited CRM User
one (1) SAP Business One Limited Financial User
one (1) SAP Business One Limited Logistic User
6.
SAP Business One Indirect Access
SAP Business One Indirect Access User. The Indirect Access User is a Named User that can access Software Solution Provider (SSP) solutions
only. An Indirect Access User does not have authorization right to any functions (forms) in SAP Business One itself. Each user can access unlimited
number of SSP solutions.
SAP Confidential
108
SAP Business One DI Server The DI-Server enables business partners to develop SOAP (Simple Object Access Protocol) -based solutions to read,
write, update, and remove data objects on the database level. It provides a suitable infrastructure for server-oriented partner solutions The DI-Server is
licensed per Core, not as a Named User.
7.
SAP Business One Software Development Kit (SDK)
rd
The SAP Business One Software Development Kit (SDK) is a development toolkit that allows programmers to interface 3 party applications with SAP
Business One both, at the database level and/or at the user interface level. The development tools consist of tools and interfaces to access SAP
Business One from 3rd party applications and vice versa. Each SAP Business One Software Development Kit license allows rights of use for a maximum
of twenty (20) SDK programmers working at the same time.
8.
SAP Business One Metrics
SAP Business One Named User
SAP Business One Professional User is a Named User who performs operational related roles supported by the SAP Business One Software. The
SAP Business One Professional User license is needed to administer a SAP Business One installation and work with production and Material Resource
Planning (MRP). The SAP Business One Professional User does include the rights granted under a SAP Business One Limited CRM User, SAP
Business One Limited Financial User, SAP Business One Limited Logistic User and SAP Business One Indirect Access User license. The SAP Business
One Professional User does not include the rights granted under a SAP Business One Web CRM User license.
SAP Business One Limited CRM User is a Named User who has access rights to the SAP Business One CRM functionality to support operational
processing and information requirements. The SAP Business One Limited CRM User license does include the rights granted under an SAP Business
One Indirect Access User license. The SAP Business One Limited CRM User does not include the rights granted under a SAP Business One Web CRM
User license.
SAP Business One Limited Financial User is a Named User who has access rights to the SAP Business One financial functionality to support
operational processing and information requirements. The SAP Business One Limited Financial User license does include the rights granted under an
SAP Business One Indirect Access User license. The SAP Business One Limited Financial User does not include the rights granted under a SAP
Business One Web CRM User license.
SAP Business One Limited Logistic User is a Named User who has access rights to the SAP Business One logistic functionality to support
operational processing and information requirements. The SAP Business One Limited Logistic User license does include the rights granted under an
SAP Business One Indirect Access User license. The SAP Business One Limited Logistic User does not include the rights granted under a SAP
SAP Business One Starter Package User is a Named User who performs operational related roles supported by the SAP Business One Starter
Package Software. The SAP Business One Starter Package User license does include the rights granted under an SAP Business One Indirect Access
User license. The SAP Business One Starter Package User license does not include the rights granted under a SAP Business One Professional User.
SAP Business One Limited CRM Upgrade User is a Named User authorized to perform SAP Business One Professional User related roles supported
by the licensed Software provided such Named User is also an User licensed from SAP as an SAP Business One Limited CRM User and both such
Users are licensed for the same runtime database, if any. If receiving support under the support agreement**, Licensee must be subscribed to and fully
paid on support for both this User and the underlying SAP Business One Limited CRM User for so long as Licensee continues to receive support under
the support agreement.
SAP Business One Limited Financial Upgrade User is a Named User authorized to perform SAP Business One Professional User related roles
supported by the licensed Software provided such Named User is also an User licensed from SAP as an SAP Business One Limited Financial User and
both such Users are licensed for the same runtime database, if any. If receiving support under the support agreement**, Licensee must be subscribed to
and fully paid on support for both this User and the underlying SAP Business One Limited Financial User for so long as Licensee continues to receive
support under the support agreement.
SAP Business One Limited Logistic Upgrade User is a Named User authorized to perform SAP Business One Professional User related roles
supported by the licensed Software provided such Named User is also an User licensed from SAP as an SAP Business One Logistic CRM User and
both such Users are licensed for the same runtime database, if any. If receiving support under the support agreement**, Licensee must be subscribed to
and fully paid on support for both this User and the underlying SAP Business One Limited Logistic User for so long as Licensee continues to receive
support under the support agreement.
SAP Business One Limited CRM Sales Upgrade User is a Named User authorized to perform SAP Business One Professional User related roles
supported by the licensed Software provided such Named User is also an User licensed from SAP as an SAP Business One Limited CRM Sales User
and both such Users are licensed for the same runtime database, if any. If receiving support under the support agreement**, Licensee must be
subscribed to and fully paid on support for both this User and the underlying SAP Business One Limited CRM Sales User for so long as Licensee
continues to receive support under the support agreement.
SAP Business One Limited CRM Service Upgrade User is a Named User authorized to perform SAP Business One Professional User related roles
supported by the licensed Software provided such Named User is also an individual licensed from SAP as an SAP Business One Limited CRM Service
User and both such Users are licensed for the same runtime database, if any. If receiving support under the support agreement**, Licensee must be
subscribed to and fully paid on support for both this User and the underlying SAP Business One Limited CRM Service User for so long as Licensee
SAP Business One Starter Package Upgrade Professional User is a Named User authorized to perform SAP Business One Professional User
related roles supported by the licensed Software provided such Named User is also an User licensed from SAP as an SAP Business One Starter
Package User and both such Users are licensed for the same runtime database, if any. If receiving support under the support agreement**, Licensee
must be subscribed to and fully paid on support for both this User and the underlying SAP Business One Starter Package User for so long as Licensee
SAP Business One Starter Package Upgrade Limited Logistic User is a Named User authorized to perform SAP Business One Limited Logistic User
SAP Confidential
109
SAP Business One Starter Package Upgrade Limited Financial User is a Named User authorized to perform SAP Business One Limited Financial
User related roles supported by the licensed Software provided such Named User is also an User licensed from SAP as an SAP Business One Starter
SAP Business One Starter Package Upgrade Limited CRM User is a Named User authorized to perform SAP Business One Limited CRM User
SAP Business One Premium Analytics User is a Named User authorized to perform interactive analysis provided by the licensed SAP Business One
Analytics software used solely in conjunction with SAP Business One.
SAP Business One for SAP HANA Professional User is a Named User who performs operational related roles supported by the SAP Business One
Software. The SAP Business One for SAP HANA Professional User license is needed to administer a SAP Business One installation and work with
production and Material Resource Planning (MRP). The SAP Business One for SAP HANA Professional User does include the rights granted under a
SAP Business One for HANA Limited CRM User, SAP Business One for SAP HANA Limited Financial User, SAP Business One for SAP HANA Limited
Logistic User and Indirect Access User license. The SAP Business One for SAP HANA Professional User does not include the rights granted under a
SAP Business One Web CRM User license.
SAP Business One for SAP HANA Limited CRM User is a Named User who has access rights to the SAP Business One CRM functionality to support
operational processing and information requirements. The SAP Business One for SAP HANA Limited CRM User license does include the rights granted
under an Indirect Access User license. The SAP Business One for SAP HANA Limited CRM User does not include the rights granted under a SAP
SAP Business One for SAP HANA Limited Financial User is a Named User who has access rights to the SAP Business One financial functionality to
support operational processing and information requirements. The SAP Business One for SAP HANA Limited Financial User license does include the
rights granted under an SAP Business One Indirect Access User license. The SAP Business One for SAP HANA Limited Financial User does not
include the rights granted under a SAP Business One Web CRM User license.
SAP Business One for SAP HANA Limited Logistic User is a Named User who has access rights to the SAP Business One logistic functionality to
support operational processing and information requirements. The SAP Business One for SAP HANA Limited Logistic User license does include the
rights granted under an SAP Business One Indirect Access User license. The SAP Business One for SAP HANA Limited Logistic User does not include
the rights granted under a SAP Business One Web CRM User license.
SAP Business One for SAP HANA Premium Analytics User is a Named User authorized to perform interactive analysis provided by the licensed SAP
Business One Analytics software used solely in conjunction with SAP Business One.
SAP Business One, for SAP HANA Starter Package User is a Named User who performs operational related roles supported by the SAP Business
One Starter Package Software. The SAP Business One Starter Package User license does include the rights granted under an SAP Business One
Indirect Access User license. The SAP Business One Starter Package User license does not include the rights granted under a SAP Business One
Professional User.
SAP Business One for SAP HANA Limited CRM Upgrade User is a Named User authorized to perform SAP Business One for SAP HANA
Professional User related roles supported by the licensed Software provided such Named User is also an individual licensed from SAP as an SAP
Business One for SAP HANA Limited CRM User and both such Users are licensed for the same runtime database, if any.If receiving support under the
support agreement**, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP Business One for SAP HANA
Limited CRM User for so long as Licensee continues to receive support under the support agreement.
SAP Business One for SAP HANA Limited Financial Upgrade User is a Named User authorized to perform SAP Business One for SAP HANA
Business One for SAP HANA Limited Financial User and both such Users are licensed for the same runtime database, if any. If receiving support under
the support agreement**, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP Business One for SAP
HANA Limited Financial User for so long as Licensee continues to receive support under the support agreement.
SAP Business One for SAP HANA Limited Logistic Upgrade User is a Named User authorized to perform SAP Business One for HANA Professional
User related roles supported by the licensed Software provided such Named User is also an individual licensed from SAP as an SAP Business One for
SAP HANA Logistic User and both such Users are licensed for the same runtime database, if any. If receiving support under the support agreement**,
Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP Business One for SAP HANA Limited Logistic User
for so long as Licensee continues to receive support under the support agreement.
SAP Business One, for SAP HANA Starter Package Upgrade Professional User is a Named User authorized to perform SAP Business One
Business One Starter Package User and both such Users are licensed for the same runtime database, if any. If receiving support under the license
agreement, Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP Business One Starter Package User for
so long as Licensee continues to receive support under the license agreement.
SAP Business One, for SAP HANA Starter Package Upgrade Limited CRM User is a Named User authorized to perform SAP Business One Limited
CRM User related roles supported by the licensed Software provided such Named User is also an individual licensed from SAP as an SAP Business
SAP Confidential
110
One Starter Package User and both such Users are licensed for the same runtime database, if any. If receiving support under the license agreement,
Licensee must be subscribed to and fully paid on support for both this User and the underlying SAP Business One Starter Package User for so long as
Licensee continues to receive support under the license agreement.
SAP Business One, for SAP HANA Starter Package Upgrade Limited Financial User is a Named User authorized to perform SAP Business One
Limited Financial User related roles supported by the licensed Software provided such Named User is also an individual licensed from SAP as an SAP
so long as Licensee continues to receive support under the license agreement.
SAP Business One, for SAP HANA Starter Package Upgrade Limited Logistic User is a Named User authorized to perform SAP Business One
Limited Logistic User related roles supported by the licensed Software provided such Named User is also an individual licensed from SAP as an SAP
so long as Licensee continues to receive support under the license agreement
SAP Business One Indirect Access User is a Named User authorized to access Software Solution Provider (SSP) solutions only. An SAP Business
One Indirect Access User does not have authorization right to any functions (forms) in SAP Business One itself. Each user can access unlimited number
of SSP solutions.
SAP Business One for SAP HANA Indirect Access User is a Named User authorized to access Software Solution Provider (SSP) solutions only. An
SAP Business One Indirect Access User does not have authorization right to any functions (forms) in SAP Business One itself. Each user can access
unlimited number of SSP solutions.
Remaining SAP Business One Metrics
Cores are the number of cores in CPUs that are available for use by the licensed software. The number of Core licenses must be an integer. When
counting physical Cores, each Core of a physical CPU that runs at least parts of the licensed software, including those that are temporarily assigned
or scheduled to cover peak processing, is considered and counted.
When counting virtual Core’s, each virtual Core that runs at least parts of the licensed software, including those that are temporarily assigned or
scheduled to cover peak processing, is counted.
If the licensed Software will run in a pure virtual environment, physical Cores will not be counted. For purposes of clarification, “Core” as defined in
this metric definition is different from “core” as referenced in the metric definition for any Software licensed on a CPU basis (if any), and therefore is
not applicable in that context.
Contract price is the net value of the license contract. Contract price for partners is defined as the amount the Partner has to pay for SAP and Third
Party Software to SAP. So, the Contract price for Partners is calculated based on the price recommended by manufacturer minus all partner
discounts.
CPUs are the central processing units (“CPU”) that runs at least parts of the licensed Software.
When the Software or Third Party Software is licensed on a CPU basis, any server or computer on which the Software or Third Party Software is
installed may not exceed the aggregate number of CPU licensed. A multi-core chip CPU with N processor cores shall be counted as follows: the first
processor core in each processor shall be counted as 1 CPU, and each incremental processor core in such processor shall be counted as 0.5 CPU,
and then the total CPU count will be rounded to the next whole number (the “CPU Calculation”). See Example 1 below for an illustration of the
application of this licensing requirement.
Software based on a CPU license metric basis licensed by Licensee on or after July 1, 2009 (the “Qualified Software”) will contain Virtualization
Rights (defined below). Virtualization Rights are not applied to Software licensed prior to July 1, 2009 or upgrades and updates thereto subsequently
made available to Licensee pursuant to Support Services. Licensee may not combine licenses having express Virtualization Rights with licenses not
having express Virtualization Right in a single Deployment.
In the event that Licensee employs industry standard tools and methodologies enabling Licensee to logically partition or pool its processing power,
Licensee may install the Qualified Software on servers or computers consisting of a number of physical CPUs greater than the number of CPUs
licensed hereunder provided that Licensee shall configure such servers or computers in a manner such that the total number of CPUs (or total
number of virtual processor cores if virtualization software is implemented), or any portion thereof, made available to run the Qualified Software, or
any portion thereof, does not exceed the number of CPUs licensed (“Virtualization Rights”). For the purposes hereof, a CPU (or virtual processor
core) shall be deemed available to run the Qualified Software if such CPU (or virtual processor core) or any portion thereof is available to run the
Qualified Software at any time for any purpose, including but not limited to permanent, temporary, scheduled, and on-demand availability. Under the
Virtualization Rights, where virtualization software is implemented, only virtual processor cores made available to run the Qualified Software will be
counted in accordance with the CPU Calculation. See Example 2 below for an illustration of the application of this licensing requirement.
Notwithstanding the foregoing, for Third Party Software licensed on a CPU basis, each processor core shall count as 1 CPU, and every CPU
(whether Used productively or non-productively) shall count against the CPU license level for such Third Party Software. Virtualization Rights do not
apply to Third Party Software.
EXAMPLE 1: One quad core processor will count as 2.5 CPUs (or 1 CPU for the first core, plus 0.5 multiplied by 3 for the subsequent 3 cores)
rounding up to 3 CPUs. Therefore, Licensee will be required to license 3 CPUs if the Software is installed on a quad core server. Another example
may involve a server with three quad core processors. As illustrated above, each quad core processor will represent 2.5 CPUs. Three quad core
processors will total 7.5 CPUs (or 2.5 CPUs multiplied by 3) rounding up to 8 CPUs. Therefore, Licensee will be required to license 8 CPUs if the
Software is installed on a server with 3 quad core processors.
SAP Confidential
111
EXAMPLE 2 (Virtualization Rights): A server has 16 physical dual core CPUs in a configuration where up to 4 virtual dual core processors are made
available to run the Qualified Software. In this case, each virtual dual core processor will count as 1.5 CPUs (or 1 CPU for the first core, plus 0.5 for
the second core). Four virtual dual core processors will total 6 CPUs (or 1.5 CPUs multiplied by 4). Therefore, Licensee will be required to license 6
CPUs under this virtualization configuration.
Flat Fee/Fixed Fee is defined as a fixed package license fee for the Software.
Gigabytes of memories are the total amount of memory (measured in gigabytes) that may be used by the SAP HANA Software.
Instances are unique connections to a single specified application or technology type.
(Instances in the context of the Integration Framework of SAP Business One and the Integration Framework for SME’s are sending or receiving systems
defined in the system landscape directory used in active integration scenarios. One unique instance is counted only one time.)
MSRP (Manufacturer Suggested Reselling Price) is the list price minus volume discount.
Users are individuals who Use the Software.
SAP Business One for HANA DI Server
The DI-Server enables business partners to develop SOAP-based solutions to read, write, update, and remove data objects on the database level. It
provides a suitable infrastructure for server-oriented partner solutions. The DI-Server is a license per Core on a CPU, not as a Named User
SAP Business One Analytics Engine
Licensee has to license the SAP Business One Analytics Engine to perform analytics content and Interactive Analysis used solely in conjunction with
SAP Business One. If an individual is using the licensed SAP Business One Analytics Licensee has to license an SAP Named User for SAP Business
One and SAP Business One Analytics User. SAP Business One Analytics powered by SAP HANA is limited to the data source of the SAP Business One
data base and certified SAP Business One Add-ons, including certified SAP Business Add-ons created by SAP partners or SAP Business One Add-ons
created by Licensee. The Licensee has to license SAP Business One Analytics Engine for addressable RAM memory and it can only run on SAP
certified hardware and with the supported operating system(s).
AP Business One for SAP HANA Engine
Licensee has to license SAP Business One, version for SAP HANA Engine as a runtime restricted license database for SAP Business One and certified
SAP Business One Add-ons, including certified SAP Business Add-ons created by SAP partners or SAP Business One Add-ons created by Licensee.
Licensee shall only use the SAP Business One, version for SAP HANA Engine in connection with SAP Business One Software and the aforementioned
SAP Business One Add-ons and only for the purposes of its own internal data processing which includes access of third party user authorized by
Licensee such as contractors, supply chain vendors or suppliers, customers, or third party individuals authorized by Licensee. Any access to the SAP
Business One, version for SAP HANA Engine, including but not limited to data loading, modeling, reporting and distribution, must take place via SAP
Business One or the aforementioned SAP Business One Add-ons.
The SAP Business One, version for SAP HANA Engine includes a runtime license of HANA Studio and access is solely to administer and manage the
SAP Business One, version for SAP HANA Engine, or for system administration tasks and data modeling for reporting requirements. The SAP Business
One, version for SAP HANA Engine cannot be deployed on the same installation as any other SAP HANA software. The SAP Named User requirements
for SAP Business One apply to the SAP Business One, version for SAP HANA Engine. The SAP Business One, version for SAP HANA Engine is
licensed for addressable RAM memory and can only run on SAP certified hardware and with the supported operating system(s). Licensee has to license
for all individuals using the SAP Business One, version for SAP HANA Engine, also through other reporting tools, a SAP Business One Named User
license or a SAP Business One connector license.
**Support for SAP Business One is subject to conclusion of a support schedule to the support agreement.
9.
Localizations
Licenses for SAP Business One software can be used on any of the localizations supported by SAP Business One software. However, for SAP Business
One software licensed after 01.01.2010, the license key will be issued ‘per localization’. By default the localization of the requested software country
version will be released. Each licensed Named User can only access the localization for which the license key was issued. Employees that require
access to two or more localizations will require two or more Named User licenses.
10. Intercompany Integration Solution for SAP Business One
The Intercompany Integration Solution for SAP Business One software may include certain third party open source and/or other components.
11.
Integration Framework of SAP Business One
The Integration Framework of SAP Business One is the integration platform for SAP Business One. The predefined standard integration scenarios
delivered by SAP and the required instances (systems) can be used without additional license fee.
The Integration Framework of SAP Business One supports different scenarios:
•
Integration from SAP Business One to SAP and Non-SAP systems
•
Integration from SAP Business One to the Business Network as a Service for SME OnDemand
•
Integration scenarios delivered with the Intercompany Integration Solution for SAP Business One
The right to run integration scenarios developed by partners or customers with instances (systems) in the system landscape directory of the
Integration Framework of SAP Business One can be acquired for an additional fee per instance (system).
12. SAP Business One Integration Framework for SME’s
SAP Confidential
112
The Integration Framework for SME’s is a collaboration infrastructure for the small and midsized enterprises (SME) which supports the message
oriented middleware for synchronous and a-synchronous message flows.
The Integration Framework for SME’s is licensed separate from SAP Business One.
The SAP Solution Offering can only be used as a standalone solution without SAP Business One.
The solution can be used to integrate non-SAP Business One solutions with each other.
The solution is licensed by the number of active instances (systems) defined in the System Landscape Directory
13. Fail-over Server
For any operating system environment in which Licensee runs installations of SAP Business One software, Licensee may run up to the same number of
passive fail-over installations of SAP Business One software in a separate operating system environment for temporary support. Licensee may run the
passive fail-over installation of SAP Business One software on a hardware server other than the licensed hardware server.
14. Test Installations
The Licensee is entitled to run one SAP Business One software installation for internal testing purposes. For such test installation, the Licensee may
use same users which Licensee has licensed for productive use of SAP Business One software.
SAP Confidential
113
Exhibit 7 – Metrics for SAP Non-Standard Software Components
Repeatable Custom Solutions
Business Partner for Online Application Submission management is defined as:
-
For Public Sector customers as citizen
-
For banking customers as the number of customers with financial transactional data within the last 2 years.
-
For insurance customers as the number of insurants
Flat fee/ Fixed fee. This refers to a fixed package license fee for the software
Payroll employees are defined as employees who run through SAP Payroll and need to be notified by APG for their pension.
SAP Screen Personas User is defined as any individual directly or indirectly using the application SAP Screen Personas.
SOAR Sales Orders are defined as the annual number of sales orders the customer will process through the RCS Sales Order Allocation and
Rescheduling (SOAR) on HANA. The figure is taken as the number of discrete sales orders processed annually by the SOAR Allocation run (Arun)
process.
Adaptable Custom Solutions
Company Revenue is defined as income that a company receives from its business activities and other revenue from interest, dividends or royalties
Citizen is defined as a native or naturalized member of a political community
Underlying installation: An underlying installation is defined as an instance of the software installed at a designated device where the non-standard
software is based on.
Total sales portfolio is defined as the total energy sales and procurement portfolio of a utility service provider
PoDs (Points of Deliveries): is the point to which a utility service or other service is supplied.
Annual endowment has to be applied for fundraising management for universities. Annual endowment is defined as licensee’s annual endowment
based on most recent annual report.
Total annual revenue is defined as income that a company or organization receives from its business activities and other revenue from interest,
dividends or royalties
Resources (for Multi-Resource Scheduling): A resource contributing to usage volume is defined as a resource planned during a given calendar year
using Software. A resource can be, among others, a person (such as a technician, service engineer, or repair engineer), or a working material (such as a
tool, instrument, machine, or room).
The number of resources applied in determining usage volume is the total number of persons to be planned or who have been planned using Software.
Where, for example, an upstream system bundles multiple resources, the number of resources to be counted is the number before bundling. The
members of a team or work group are each counted as a resource.
The measurement as described above will measure the number of data records created to represent resources (in SAP Workforce Management Core)
that are the object of planning at least once during the calendar year.
Service Order: A service order contributing to usage volume is defined as one discrete order that is mapped in the software in a given calendar year. A
service order can be among others a workshop order, a repair order, or a maintenance order.
The number of service orders applied in determining usage volume is the total number of discrete orders mapped with Software for which order master
records are created in Software in a given calendar year. Where, for example, an up-stream system bundles multiple orders, the number of orders to be
counted is the number before bundling.
Where an order master record is created in Software, the service order, as defined above, is within the ambit of this present agreement for Software. It
matters not how an order master record is generated in Software (for example, by directly creating orders in MRS or by importing order master records
from upstream systems such as DBM) or whether an order is in fact the object of any further planning using Software.
The measurement as described above will measure the number of service orders created as data records in the calendar year.
User for Order Engineering Workbench is defined as an individual working with the Order Engineering application.
Shipment: A shipment is defined as cargo transported under the terms of a single order.
Installed Capacity is defined as the total theoretical annual production capacity of all plants of SAP Customer
Number of customer interactions, supported with RTOM recommendations is defined as the number of agent assisted or self-service customer
interactions with one or more recommendation made by RTOM.
Customer interaction is a continuous communication with a customer, from the moment that a certain dialog with customer starts until its termination.
RTOM recommendation is defined as number of RTOM recommendations created by the RTOM system in a calendar year
Solutions in “early adaption phase”
User for code name “FindGrid” is defined as an individual that is working with the FindGrid application
SAP Confidential
114
User is defined as the individual - directly or indirectly accessing the Software
GWh per year is defined as energy consumption in GWh per year. 1 GWh is the equivalent of 1,000,000 kWh.
The kilowatt hour is most commonly known as a billing unit for energy delivered to consumers by electric utility or electric utilities. In gas industry kWh is
used to describe the thermal energy being delivered to consumers.
Physically, kWh describes a source of heat or power or as a raw material input to a manufacturing process.
Consumption of electric energy is measured by Wh (Watt x Hour). 1 kWh = 1000 Wh.
Consumer Data Object is defined as an object or record that represents information about Consumers i.e. a person or group of related people (e.g.
Household) that has any kind of business relationship with the licensee where such information is stored and managed in the Master Data Services
repository. For purposes of illustration including but not limited to, such an object or record can represent Contacts, Citizen, Patient data or a customer
defined object.
SAP Confidential
115
PART 3
SAP MAINTENANCE AND SUPPORT
This part of the document contains the conditions for the SAP Support provided for the software as referenced in the contractual agreements.
Maintenance Phases and Support Offerings
In order to receive support the Licensee needs to define a central point of contact for contract processing with SAP (including license audit, billing, order
processing, user master and installation data management).
SAP offers different Maintenance Phases for a particular software release. The scope of SAP Support for a specific software release depends upon the
maintenance phase applicable to that specific release. Since SAP’s software licensing is release-independent, the relevant maintenance phase depends
only on the actually implemented release of the software but not on the underlying software license. The maintenance phases described below apply for
SAP Business Suite as well as SAP NetWeaver. For the SAP BusinessObjects portfolio and within product bundles, different maintenance phases may
apply.
The following section 1.1 distinguishes 3 maintenance phases: Mainstream Maintenance, Extended Maintenance and Customer-specific Maintenance.
They apply for SAP Business Suite as well as SAP NetWeaver. For the SAP BusinessObjects portfolio, different maintenance phases may apply. For
the purposes of this section 1.1, “SAP Support” is referring to SAP Enterprise Support, SAP Product Support for Large Enterprises and SAP Standard
Support, subject to the contractual agreement.
Access to SAP Support Advisory Center and Remote Services, e.g. Continuous Quality Checks , Knowledge Transfer Sessions and Guided Self
Services (each as applicable under the respective service description) will only be provided subject to Licensee’s establishment of a mission critical
deployment by certification of its Customer COE.
SAP Solution Manager Enterprise Edition is available to all SAP Support customers to the extent stated in the applicable service description, but
currently does currently interface only with selected SAP Business Objects portfolio products. Customers of SAP Support will be required to install
Solution Manager and utilize its capabilities (at a minimum, remote support component in the case of licensees using only SAP BusinessObjects
portfolio products) in the event at least one licensed SAP BusinessObjects portfolio product is supported by SAP Solution Manager Enterprise Edition.
Licensee must choose one of the SAP Support models (SAP Enterprise Support, SAP PSLE or SAP Standard Support) for its entire SAP landscape.
Mixed SAP landscapes, i. e. SAP landscapes that are supported under different SAP Support models, are not permitted. Licensees with an existing
mixed landscape should switch their landscape entirely to one of the SAP Support models, according to the rules set out in this section. Until the
execution of a holistic agreement for one of the SAP Support models for Licensee’s entire SAP landscape, only SAP Enterprise Support can be agreed
on for additional licenses.
The prices for the respective Support model, applicable at the time of a contract conclusion, are provided in the document „SAP Price list (SAP Business
Suite, SAP NetWeaver, SAP BusinessObjects )“ referenced to herein.
SAP Confidential
116
1.1.
1. 1.1
Maintenance Phases
Main str eam Ma int enanc e
Mainstream Maintenance is the first maintenance phase for a release, starting with SAP’s release to customer date. During Mainstream Maintenance,
Licensee receives the full scope of SAP Support features as defined in the respective sections. Mainstream Maintenance is covered by the SAP Support
Agreement.
1. 1.2
Ex tended M ai nt enance
After the end of the Mainstream Maintenance period, SAP offers Extended Maintenance for selected releases of SAP software. During the Extended
Maintenance phase, the scope of SAP Support conforms usually to the scope during Mainstream Maintenance. For some releases some restrictions
may apply, that is, the scope of SAP Support may be reduced or different.
The duration and the scope of Extended Maintenance are specified individually for each release. For detailed information on the availability, scope and
restrictions of Extended Maintenance please check www.service.sap.com/maintenance.
Extended Maintenance is an optional offering and requires a separate, additional contract on top of the SAP Support Agreement, if not expressly stated
otherwise in this document. Pricing for Extended Maintenance is available upon request.
1. 1.3
Cu st omer specif ic M ai nt en an ce
When the Mainstream Maintenance period ends and no Extended Maintenance is offered, or when the Mainstream Maintenance period ends and the
Licensee does not take advantage of an existing Extended Maintenance offering, or when the Extended Maintenance period ends, or when the
Licensee’s Extended Maintenance contract expires, a release enters into Customerspecific Maintenance.
During this phase, the Licensee receives support services as in the Mainstream Maintenance phase with some restrictions, that is, the scope of SAP
Support is reduced. For detailed information please refer to www.service.sap.com/maintenance. Customerspecific Maintenance is covered by the SAP
Support Agreement.
For more information, please refer to www.service.sap.com/releasestrategy
1.2.
1. 2.1
SAP Enterprise Support
Defin it i ons
The following definitions only apply to the Section 1.2.
“Calendar Quarter” means the three-months’-period, ending on March 31, June 30, September 30, or December 31 respectively of any given calendar
year.
“Enterprise Support Solutions” shall mean all software for which SAP provides SAP Enterprise Support, excluding software to which special support
agreements apply exclusively.
“Go-Live” marks the point in time from when, after implementation of the Enterprise Support Solutions or an upgrade of the Enterprise Support
Solutions, the Enterprise Support Solutions can be used by Licensee for processing real data in live operation mode and for running Licensee’s internal
business processes as contractually agreed.
“Licensee Solutions” shall mean Enterprise Support Solutions and any other software licensed by Licensee from third parties provided such Third
Party Software is operated in conjunction with Enterprise Support Solutions.
“Production System” shall mean a live SAP system used for running Licensee’s internal business processes and where Licensee’s data is recorded.
“SAP Software Solution(s)” shall mean a group of one or multiple Production Systems running Licensee Solutions and focusing on a specific
functional aspect of Licensee’s internal business processes. Details and examples can be found on the SAP Service Marketplace (as specified in SAP
Note 1324027 or any future SAP Note that replaces SAP Note 1324027).
“Service Session” shall mean a sequence of support activities and tasks carried out remotely to collect further information by interview or by analysis of
a Production System resulting in a list of recommendations. A Service Session could run manually, as a self-service or fully automated.
“Top Issues” shall mean software issues and/or failures identified and prioritized jointly by SAP and Licensee in accordance with SAP standards which
(i) endanger Go-Live of a pre-production system or (ii) have a significant business impact on a Production System.
“Local Office Time” shall mean regular working hours (8.00 a.m. to 6.00 p.m. CEST) during regular working days, in accordance with the applicable
public holidays observed by SAP’s registered office and December 24 and 31. With regard to SAP Enterprise Support only, both parties can mutually
agree upon a different registered office of one of SAP’s affiliates to apply and serve as reference for the Local Office Time.
SAP Confidential
117
1. 2.2
Sc op e of S AP E nter pr is e S u pp or t
SAP Enterprise Support currently includes:
Continuous Improvement and Innovation
New software releases of the licensed Enterprise Support Solutions, as well as tools and procedures for upgrades.
Support packages - correction packages to reduce the effort of implementing single corrections. Support packages may also contain corrections to
adapt existing functionality to changed legal and regulatory requirements.
For releases of the SAP Business Suite 7 core applications (starting with SAP ERP 6.0 and with releases of SAP CRM 7.0, SAP SCM 7.0, SAP SRM
7.0 and SAP PLM 7.0 shipped in 2008), SAP may provide enhanced functionality and/or innovation through enhancement packages or by other
means as available. During mainstream maintenance for an SAP core application release, SAP ‘s current practice is to provide one enhancement
package or other update per calendar year.
Technology updates to support third party operating systems and databases. Details on SAP’s release strategy and recommendations for technology
updates for SAP’s enhancement packages can be found on the SAP Service Marketplace.
Available ABAP source code for SAP software applications and additionally released and supported function modules.
Software change management, such as changed configuration settings or Enterprise Support Solutions upgrades, is supported, currently through
content and information material, tools for client copy and entity copy, and tools for comparing customization.
SAP provides Licensee with up to five days remote support services per calendar year from SAP solution architects
to assist Licensee in evaluating the innovation capabilities of the latest SAP enhancement package and how it may be deployed for
Licensee’s business process requirements.
to give Licensee guidance in form of knowledge transfer sessions, weighted one day, for defined SAP software/applications or
Global Support Backbone components; currently content and session schedules are stated at
http://service.sap.com/enterprisesupport. Scheduling, availability and delivery methodology is at SAP’s discretion.
SAP gives Licensee access to guided self-services as part of SAP Solution Manager Enterprise Edition, helping the Licensee to optimize technical
solution management of selected Enterprise Support Solutions.
Configuration guidelines and content for Enterprise Support Solutions is usually shipped via SAP Solution Manager Enterprise Edition.
Best practices for SAP System Administration and SAP Solution Operations for Enterprise Support Solutions.
SAP configuration and operation content is supported as part of Enterprise Support Solutions.
Content, tools and process descriptions for SAP Application Lifecycle Management are part of the SAP Solution Manager Enterprise Edition, the
Enterprise Support Solutions and/or the applicable Documentation for the Enterprise Support Solutions
Advanced Support for Enhancement Packages and other SAP Software Updates
SAP offers special remote checks delivered by SAP solution experts to analyze planned or existing modifications and identify possible conflicts
between Licensee custom code and enhancement packages and other Enterprise Support Solutions updates. Each check is conducted for one
specific modification in one of Licensee's core business process steps. Licensee is entitled to receive two out of the following services per calendar
year per SAP Software Solution.
Modification Justification: Based on Licensee’s provision of SAP required documentation of the scope and design of a planned or
existing custom modification in SAP Solution Manager Enterprise Edition, SAP identifies standard functionality of Enterprise Support
Solutions which may fulfill the Licensee’s requirements (for details see www.service.sap.com/).
Custom Code Maintainability: Based on Licensee’s provision of SAP required documentation of the scope and design of a planned or
existing custom modification in SAP Solution Manager Enterprise Edition, SAP identifies which user exits and services may be available
to separate custom code from SAP code (for details see www.service.sap.com/).
Global Support Backbone
SAP Service Marketplace – the website with SAP's knowledge database and SAP’s extranet for knowledge transfer on which SAP makes available
content and services to Licensees and partners of SAP only.
SAP Confidential
118
SAP Notes on the SAP Service Marketplace document software malfunctions and contain information on how to remedy, avoid and bypass errors.
SAP Notes may contain coding corrections that Licensees can implement into their SAP system. SAP Notes also document related issues, Licensee
questions, and recommended solutions (e.g. customizing settings).
SAP Note Assistant - a tool to install specific corrections and improvements to SAP components.
SAP Solution Manager Enterprise Edition – as described in Section 1.2.6.
Mission Critical Support
Global message handling by SAP for problems related to Enterprise Support Solutions, including Service Level Agreements for Initial Reaction Time
and Corrective Action (for more information refer to Section 1.2.3).
SAP Support Advisory Center – as described in Section 1.2.4
Continuous Quality Checks – as described in Section 1.2.5
Global 24x7 root cause analysis and escalation procedures in accordance with section 1.2.3 below.
Root Cause Analysis for Custom Code: For Licensee custom code built with the SAP development workbench, SAP provides mission-critical support
root-cause analysis, according to the Global Message Handling Process and Service Level Agreement stated in Section 1.2.3 applicable for priority
“very high” and priority “high” messages. If the Licensee custom code is documented according to SAP’s then-current standards (for details see
www.service.sap.com/), SAP may provide guidance to assist Licensee in issue resolution
Other Components, Methodologies, Content and Community Participation
Monitoring components and agents for systems to help monitor available resources and collect system status information of the Enterprise Support
Solutions (e.g. Early Watch Alert)
Preconfigured test templates and test cases are usually delivered via the SAP Solution Manager Enterprise Edition. In addition the SAP Solution
Manager Enterprise Edition assists Licensee’s testing activities with functionalities that currently include:
Test administration for Enterprise Support Solutions by using the functionality provided as part of the SAP Solution Manager
Quality Management for management of ”Quality-Gates“
SAP-provided tools for automated testing
SAP-provided tools to assist with optimizing regression test scope. Such tools support identifying the business processes that are affected by
a planned SAP Software Solutions change and make recommendations for the test scope as well as generating test plans (for details see
www.service.sap.com/).
Content and supplementary tools designed to help increase efficiency, which may include implementation methodologies and standard procedures, an
Implementation Guide (IMG), and Business Configuration (BC) Sets.
Access to guidelines via the SAP Service Marketplace, which may include implementation and operations processes and content designed to help
reduce costs and risks. Such content currently includes:
End-to-End Solution Operations: Assists Licensee with the optimization of the end-to-end operations of Licensee’s SAP Software Solution.
Run SAP Methodology: Assists Licensee with application management, business process operations, and administration of the SAP
NetWeaver® technology platform, and currently includes:
The SAP standards for solution operations
The road map of Run SAP to implement end-to-end solution operations
Tools, including the SAP Solution Manager Enterprise Edition application management solution. For more information on the Run SAP
methodology, see www.service.sap.com/runsap
Participation in SAP's customer and partner community (via SAP Service Marketplace), which provides information about best business practices,
service offerings, etc.
1. 2.3
G l ob al M ess ag e Han dl ing a nd S er vi ce Lev el A gr eem en ts (S LA)
When Licensee reports malfunctions, SAP supports Licensee by providing information on how to remedy, avoid and bypass errors. The main channel for
such support will be the support infrastructure provided by SAP. Licensee may send an error message at any time. All persons involved in the message
solving process can access the status of the message at any time. For further details on definition of message priorities see SAP Note 67739.
In exceptional cases, Licensee may also contact SAP by telephone. SAP’s support requires that License provide remote access as specified in Section
1.2.7.
SAP Confidential
119
The following Service Level Agreements (“SLA” or “SLAs”) shall apply to all Licensee support messages that SAP accepts as being Priority 1 or 2 and
which fulfill the prerequisites specified herein. Such SLAs shall commence in the first full Calendar Quarter following the Effective Date of the Enterprise
Support contract.
1. 2.3.1 SLA for Init ial Re sp on se T ime s
a) Priority 1 Support Messages (“Very High”)
SAP shall respond to Priority 1 support messages within one (1) hour of SAP’s receipt (twenty-four hours a day, seven days a week) of such Priority 1
support messages. A message is assigned Priority 1 if the problem has very serious consequences for normal business transactions and urgent,
business critical work cannot be performed. This is generally caused by the following circumstances: complete system outage, malfunctions of central
SAP functions in the Production System, or Top Issues.
b) Priority 2 Support Messages (“High”)
SAP shall respond to Priority 2 support messages within four (4) hours of SAP’s receipt during SAP’s Local Office Time of such Priority 2 support
messages. A message is assigned Priority 2 if normal business transactions in a Production System are seriously affected and necessary tasks cannot
be performed. This is caused by incorrect or inoperable functions in the SAP system that are required to perform such transactions or tasks.
1. 2.3.2 SLA for C orre ctive Acti on R es pons e Tim e f or P ri ori ty 1 S up port Mes sa ges
SAP shall provide a solution, work around or action plan for resolution (“Corrective Action”) of Licensee’s Priority 1 support message within four (4) hours
of SAP’s receipt (twenty-four hours a day, seven days a week) of such Priority 1 support message (“SLA for Corrective Action”). In the event an action
plan is submitted to Licensee as a Corrective Action, such action plan shall include: (i) status of the resolution process; (ii) planned next steps, including
identifying responsible SAP resources; (iii) required Licensee actions to support the resolution process; (iv) to the extent possible, planned dates for
SAP’s actions; and (v) date and time for next status update from SAP. Subsequent status updates shall include a summary of the actions undertaken so
far; planned next steps; and date and time for next status update.
The SLA for Corrective Action only refers to that part of the processing time when the message is being processed at SAP (“Processing Time”).
Processing Time does not include the time when the message is on status “Customer Action” or “SAP Proposed Solution”, whereas (a) the status
Customer Action means the support message was handed over to Licensee; and (b) the status SAP Proposed Solution means SAP has provided a
Corrective Action as outlined herein. The SLA for Corrective Action shall be deemed met if within four (4) hours of processing time: SAP proposes a
solution, a workaround or an action plan; or if SAP reduces the priority level of the message after consulting with Licensee.
1. 2.3.3 Pr er e qui si tes a nd E x clu si on s
a) Prerequisites
The SLAs shall only apply when the following prerequisites are met for support messages:
In all cases except for Root Cause Analysis for Custom Code under Section 1.2, support messages are related to releases of Enterprise
Support Solutions which are classified by SAP with the shipment status “unrestricted shipment”;
support messages are submitted by Licensee in English via the SAP Solution Manager Enterprise Edition in accordance with SAP’s then
current support message processing log-in procedure which contain the relevant details necessary (as specified in SAP Note 16018 or any
future SAP Note which replaces SAP Note 16018) for SAP to take action on the reported error;
support messages are related to a product release of Enterprise Support Solutions which falls into Mainstream Maintenance or Extended
Maintenance.
For Priority 1 support messages, especially without being limited to the following additional prerequisites must be fulfilled by Licensee:
The issue and its business impact are described in detail sufficient to allow SAP to assess the issue;
Licensee makes available for communications with SAP, twenty four (24) hours a day, seven (7) days a week, an English speaking contact
person with training and knowledge sufficient to aid in the resolution of the Priority 1 message consistent with Licensee’s obligations
hereunder; and
A Licensee contact person is provided for opening a remote connection to the system and to provide necessary log-on data to SAP.
b) Exclusions
SAP Confidential
120
For SAP Enterprise Support in particular the following types of Priority 1 messages are excluded from the SLAs:
Support messages regarding a release, version and/or functionalities of Enterprise Support Solutions developed specifically for Licensee
(including without limitation those developed by SAP Custom Development and/or by SAP subsidiaries) except for custom code built with the
SAP development workbench;
Support messages regarding country versions that are not part of the Enterprise Support Solutions and instead are realized as partner Addons, enhancements, or modifications is expressly excluded even if these country versions were created by SAP or an affiliate of SAP
Support messages where the root cause is not a malfunction, but missing functionality (“development request”) or the support message is
ascribed to a consulting request.
1. 2.3.4 Ser v ice L eve l C re di t
a) SAP shall be deemed to have met its obligations pursuant to the SLAs as stated above by reacting within the allowed time frames in ninety-five
percent (95%) of the aggregate cases for all SLAs within a Calendar Quarter. In the event Licensee submits less than twenty (20) messages (in the
aggregate for all SLAs) pursuant to the SLAs stated above in any Calendar Quarter during the Enterprise Support term, Licensee agrees that SAP shall
be deemed to have met the its obligations pursuant to the SLAs stated above if SAP has not exceeded the stated SLA time-frame in more than one
support message during the applicable Calendar Quarter.
b) Subject to section a. above, in the event that the timeframes for the SLA’s are not met (each a “Failure”), the following rules and procedures shall
apply:
Licensee shall inform SAP in writing of any alleged Failure;
SAP shall investigate any such claims and provide a written report in which SAP states whether Licensee’s claim is justified;
Licensee shall provide reasonable assistance to SAP in its efforts to correct any problems or processes inhibiting SAP’s ability to reach the
SLAs;
Except as otherwise provided in this section 1.2.3.4, if such a report shows SAP has committed a culpable noncompliance, Licensee is entitled
to liquidated damages corresponding to 0.25% of the agreed fee for SAP Enterprise Support for the Calendar Quarter in which the
noncompliance occurred. Such liquidated damages are limited in total to 5% of the SAP Enterprise Support fee for the affected Calendar
Quarter. These liquidated damages can only be applied as a Service Level Credit (“SLC”) to be set off against the next SAP Enterprise
Support Services annual maintenance fee. They will not be paid out.
The parties agree that this limitation reflects to the actual quantum of loss they would normally expect to arise out of a noncompliance. All
other claims arising out of a noncompliance, including but not limited to claims for damages, are excluded except in respect of liability for gross
negligence, intent, personal injury, and liability under the Swiss Product Liability Act.
The Licensee must notify SAP of any claims within one month after the end of the Calendar Quarter in which the noncompliance occurred by
giving written reasoned notice of the claim.
1. 2.4
SAP S uppor t A dvis or y C e nt er
For Priority 1 issues and Top Issues directly related to the Enterprise Support Solutions, SAP shall make available a global unit within SAP’s support
organization for mission critical support related requests (the “Support Advisory Center”). The Support Advisory Center will perform the following mission
critical support tasks:
Remote support for Top Issues – the Support Advisory Center will act as an additional escalation level, enabling 24X7 root cause analysis for
problem identification;
Continuous Quality Check service delivery planning in collaboration with Licensee’s IT, including scheduling and delivery coordination;
Provide one SAP Enterprise Support report on request per calendar year;
Remote primary certification of the SAP Customer Center of Expertise if requested by Licensee; and
Provide guidance in cases in which Continuous Quality Checks (as defined in Section 1.2.5 below), an action plan and/or written
recommendations of SAP show a critical status (e.g. a red CQC report) of the Enterprise Support Solution.
As preparation for the Continuous Quality Check delivery through SAP Solution Manager Enterprise Edition, Licensee’s Contact Person and SAP shall
jointly perform one mandatory setup service (“Initial Assessment”) for the Enterprise Support Solutions. The Initial Assessment shall be based upon SAP
standards and documentation.
The designated SAP Support Advisory Center will be English speaking and available to Licensee’s Contact Person (as defined below) or its authorized
representative twenty-four hours a day, seven days a week for mission critical support related requests. The available local or global dial-in numbers are
shown in SAP Note 560499. The Support Advisory Center is only responsible for the above mentioned mission critical support related tasks to the extent
these tasks are directly related to issues or escalations regarding the Enterprise Support Solutions.
SAP Confidential
121
1. 2.5
SAP C onti nu ou s Q ua lit y C h ec k
In case of critical situations related to the SAP Software Solution (such as Go Live, upgrade, migration or Top Issues), SAP will provide at least one
Continuous Quality Check (the “Continuous Quality Check” or “CQC”) per calendar year for each SAP Software Solution.
The CQC may consist of one or more manual or automatic remote Service Sessions. SAP may deliver further CQC’s in cases where vital alerts reported
by SAP EarlyWatch Alert or in those cases where Licensee and the SAP Advisory Center mutually agree that such a service is needed to handle a TopIssue. Details, such as the exact type and priorities of a CQC and the tasks of SAP and cooperation duties of Licensee, shall be mutually agreed upon
between the parties. At the end of a CQC, SAP will provide Licensee with an action plan and/or written recommendations.
SAP expressly states that all or part of the CQC sessions may be delivered by SAP and/or a certified SAP partner acting as SAP’s subcontractor and
based on SAP’s CQC standards and methodologies. Licensee agrees to provide appropriate resources, including but not limited to equipment, data,
information, and appropriate and cooperative personnel, to facilitate the delivery of CQC’s hereunder.
SAP finally states that SAP limits CQC re-scheduling to a maximum of three times per year. Re-scheduling must take place in any case at least 5
working days before the planned delivery date. If Licensee fails to follow these guidelines, SAP is not obliged to deliver the yearly CQC to the Licensee.
1. 2.6
1.2.6.1
SAP S ol uti on Ma nager Ent erpri se E dit ion under SAP E nt er pri se S upp or t
SAP Solution Manager Enterprise Edition (and its successors as provided by the respective Support contracts) shall be subject to the
agreement on the provision and licensed use of the software and is provided for the following purposes only under SAP Enterprise Support: (i)
delivery of SAP Enterprise Support and support services for Licensee Solutions including delivery and installation of software and technology
maintenance for Enterprise Support Solutions and (ii) application lifecycle management for Licensee Solutions and for any other software
components and IT assets licensed or otherwise obtained by Licensee from third parties provided such Third Party Software, software
components, and IT assets are operated in conjunction with Enterprise Support Solutions and are required to complete the Licensee’s
business processes as documented in the solution documentation in SAP Solution Manager Enterprise Edition (“Additional Supported
Assets”). Such application lifecycle management is limited solely to the following purposes:
Implementation, configuration, testing, operations, continuous improvement and diagnostics;
Incident management (service desk), problem management and change request management as enabled using SAP CRM technology
integrated in SAP Solution Manager Enterprise Edition.
Administration, monitoring, reporting and business intelligence as enabled using SAP NetWeaver technology integrated in SAP Solution
Manager Enterprise Edition. Business intelligence may also be performed provided the appropriate SAP BI software is licensed by
Licensee as part of the Enterprise Support Solutions.
For application lifecycle management as outlined under section (ii) above, Licensee does not require a separate Package license to SAP
CRM. Licensee must hold appropriate Named User licenses to Use SAP Solution Manager Enterprise Edition.
1.2.6.2
SAP Solution Manager Enterprise Edition may not be used for purposes other than those stated above. Without limiting the foregoing
restriction, Licensee shall not use SAP Solution Manager Enterprise Edition for (i) CRM scenarios such as service plans, contract, service
confirmation management, except as CRM scenarios are expressly stated in Section 1.2.6.1; (ii) SAP NetWeaver usage types other than
those stated above or (iii) application life-cycle management and in particular incident management (service desk) except for Licensee
Solutions and Additional Supported Assets and (iv) non-IT shared services capabilities, including without limitation HR, Finance or
Procurement.
1.2.6.3
SAP – in its sole discretion – may update from time to time on the SAP Service Marketplace under http://service.sap.com/solutionmanager the
use cases for SAP Solution Manager Enterprise Edition under this section 1.2.6.
SAP Solution Manager Enterprise Edition shall only be used during the term of the Enterprise Support Agreement and by Named Users
licensed by Licensee subject to the licensed rights for the Software and exclusively for Licensee’s SAP-related support purposes in support of
Licensee’s internal business operations. The right to use any SAP Solution Manager Enterprise Edition capabilities under SAP Enterprise
Support other than those listed above is subject a separate written agreement with SAP, even if such capabilities are accessible through or
related to SAP Solution Manager Enterprise Edition. Notwithstanding the foregoing limitation on Named Users, Licensee shall be entitled to
allow any of its employees to use Web self service in the SAP Solution Manager Enterprise Edition during the term of the SAP Enterprise
Support Agreement for the sole purpose of creating support tickets, requesting support ticket status and ticket confirmation directly related to
the Licensee Solutions and Additional Supported Assets.
In the event Licensee terminates SAP Enterprise Support and receives SAP Standard Support in accordance with section 1.2.10, Licensee’s
use of SAP Solution Manager Enterprise Edition under SAP Enterprise Support shall cease. Thereafter, Licensee’s use of SAP Solution
Manager Enterprise Edition shall be governed by the terms and conditions of the SAP Standard Support Agreement.
Use of SAP Solution Manager Enterprise Edition may not be offered by Licensee as a service to third parties even if such third parties have
licensed SAP software and have licensed Named Users; provided, third parties authorized to access the SAP software under the Software
Agreement may have access to SAP Solution Manager Enterprise Edition solely for SAP-related support purposes in support of Licensee’s
internal business operations under and in accordance with the terms of the Enterprise Support Agreement.
1.2.6.4
1.2.6.5
1.2.6.6
1. 2.7
Lice ns ee’s Res pon si bilities
SAP Enterprise Support Program Management
In order to receive SAP Enterprise Support hereunder, Licensee shall designate a qualified English speaking contact within its SAP Customer Center of
Expertise for the Support Advisory Center (the “Contact Person”) and shall provide contact details (in particular e-mail address and telephone number)
SAP Confidential
122
by means of which the Contact Person or the authorized representative of such Contact Person can be contacted at any time. Licensee’s Contact
Person shall be Licensee’s authorized representative empowered to make necessary decisions for Licensee or bring about such decision without undue
delay.
Other Requirements
In order to receive SAP Enterprise Support hereunder, Licensee must especially without being limited to:
Hold all necessary licenses for the Licensee Solution
Continue to pay all Enterprise Support Service Fees as contractually agreed.
Otherwise fulfill its obligations under the contracts for the provision and licensed use of Software and the Enterprise Support agreement.
Provide and maintain remote access via a technical standard procedure as defined by SAP and grant SAP all necessary authorizations, in
particular for remote analysis as part of message handling. Licensee shall grant such remote access without restriction regarding the nationality of
the SAP employee(s) who process support messages or the country in which they are located. SAP points out that failure to grant access may lead
to delays in message handling and the provision of corrections, or may render SAP unable to provide help in an efficient manner. The necessary
software components must also be installed for support services. For more details, see SAP Note 91488.
Establish and maintain an SAP certified Customer COE meeting the requirements specified in Section 1.2.8 below.
Have installed, configured and be using productively, an SAP Solution Manager Enterprise Edition Software system, with the latest patch levels for
Basis, and the latest SAP Solution Manager Enterprise Edition support packages.
Activate SAP EarlyWatch Alert for the Production Systems and transmit data to Licensee’s productive SAP Solution Manager Enterprise Edition
system. See SAP Note 1257308 for information on setting up this service.
Perform the Initial Assessment as described in Section 1.2.4 and implement all the recommendations of SAP classified as mandatory.
Establish a connection between Licensee’s SAP Solution Manager Enterprise Edition installation and SAP and a connection between the
Enterprise Support Solutions and Licensee’s SAP Solution Manager Enterprise Edition installation. Licensee shall maintain the solution landscape
and core business processes in Licensee’s SAP Solution Manager Enterprise Edition system for all Production Systems and systems connected to
the Production Systems. Licensee shall document any implementation or upgrade projects in Licensee’s SAP Solution Manager Enterprise Edition
system.
To fully enable and activate the SAP Solution Manager Enterprise Edition, Licensee shall adhere to the applicable documentation.
Licensee agrees to maintain adequate and current records of all modifications and, upon request, promptly provide such records to SAP.
Licensee shall submit all error messages via the then current SAP Support infrastructure as made available by SAP from time to time via updates,
upgrades or Add-ons.
Inform SAP without undue delay of any changes to Licensee’s installations and Named Users and all other information relevant to the Enterprise
Support Solutions.
1. 2.8
Cust om er C e nt er of E x pe rti se
1. 2.8.1 R ole of t he Customer C en te r of Expert i se
In order to leverage the full potential value delivered as part of SAP Enterprise Support, Licensee is required to establish a Customer Center of Expertise
(“Customer Center of Expertise”, or “Customer COE”). The Customer COE is designated by Licensee as a central point of contact for interaction with the
SAP Support organization.
As a permanent center of expertise, the Customer COE supports Licensee’s efficient implementation, innovation, operation and quality of business
processes and systems related to the SAP Software Solution based on the Run SAP methodology provided by SAP (for more information on the Run
SAP methodology, refer to www.service.sap.com/runsap). The Customer COE should cover all core business process operations. SAP recommends
starting the implementation of the Customer COE as a project that runs in parallel with the functional and technical implementation projects.
1. 2.8.2 Ba si c Functi ons of t he C u st om er C OE
The Customer COE must fulfil the following basic functions:
Support Desk: Set-up and operation of a support desk with a sufficient number of support consultants for infrastructure/application platforms and
the related applications during regular local working hours (at least 8 hours a day, 5 days (Monday through Friday) a week). Licensee support
process and skills will be jointly reviewed in the framework of the service planning process and the certification audit.
Contract administration: Contract and license processing in conjunction with SAP (license audit, maintenance billing, release order processing, user
master and installation data management).
Coordination of innovation requests: Collection and coordination of development requests from the Licensee and/or any of its affiliates provided
such affiliates are entitled to use the Enterprise Support Solutions as contractually agreed. In this role the Customer COE shall also be empowered
to function as an interface to SAP to take all action and decisions needed to avoid unnecessary modification of Enterprise Support Solutions and to
ensure that planned modifications are in alignment with the SAP software and release strategy. In addition, the Customer COE shall coordinate the
Licensee’s modification notifications.
Information management: Distribution of information (e.g. internal demonstrations, information events and marketing) about Enterprise Support
Solutions and the Customer COE within the Licensee’s group of affiliated companies.
SAP Confidential
123
CQC planning and other remote services planning: Licensee regularly engages in a service planning process with SAP. The service planning starts
during the initial implementation and will then be continued regularly.
1. 2.8.3 Cu st omer CO E C er t if i ca ti on
Licensee must establish a certified Customer COE upon the later to occur of the following: (i) within twelve (12) months after the Effective Date; or (ii)
within six (6) months after Licensee has started using at least one of the Enterprise Support Solutions in live mode for normal business operations. To
obtain the then-current primary Customer COE certification or re-certification by SAP, the Customer COE undergoes an audit procedure. Detailed
information on the initial certification and re-certification process and conditions, as well as information on the available certification levels, is available on
the SAP Service Marketplace (www.service.sap.com/coe ).
1. 2.9
Veri fi c ation
To check the compliance with the terms the contractual agreements, SAP shall be entitled to periodically monitor (at least once annually and in
accordance with SAP standard procedures especially without being limited to) (i) the correctness of the information Licensee provided and (ii) Licensee’s
usage of the Solution Manager Enterprise Edition in accordance with the contractual regulations.
1. 2.10
Se lect i on of S A P St andar d S u pp or t
Notwithstanding Licensee’s right of termination as set out in the SAP Enterprise Support Agreement and provided Licensee is not in default of any
obligations under the SAP Enterprise Support Agreement or its agreement for the provision and licensed use of the software, Licensee may select SAP
Standard Support as follows:
(i)
With respect to all agreements for support that are solely on a calendar year renewal basis, effective on the start of a new calendar year,
subject to the Minimum Term of Licensee’s first agreement for SAP Enterprise Support; or
(ii)
With respect to all agreements for support that are not solely on a calendar year renewal basis, effective on the start of the first renewal
period in any calendar year that follows the Minimum Term of Licensee’s first agreement for SAP Enterprise Support.
Licensee shall make such selection by giving to SAP three (3) months’ written notice thereof. The notice is deemed to be given at the time it is received
by SAP. All existing SAP Enterprise Support Agreements shall be terminated and replaced effective with the commencement of the SAP Standard
Support agreement. Any such selection shall apply to all Enterprise Support Solutions and SAP and Licensee shall execute an SAP Standard Support
Agreement on SAP’s then-current terms and conditions for SAP Standard Support, including without limitation pricing.
For the avoidance of any doubt, selection to enrol in another type of SAP Support Services by Licensee pursuant to Support Services provisions stated
herein shall strictly apply to all of Licensee’s SAP software.
So far as SAP offers maintenance service for it, all of Licensee’s SAP software must be covered by the maintenance service. Licensee must always
have all of its installations of the Software fully maintained or terminate the maintenance service completely. Partial termination of SAP Enterprise
Support or partial selection of any one type of SAP Support Services by Licensee is strictly prohibited.
1. 2.11 Sp ec ial N otic e
Failure to utilize SAP Enterprise Support provided by SAP may prevent SAP from being able to identify and assist in the correction of potential
problems which, in turn, could result in unsatisfactory software performance for which SAP cannot be held responsible.
In the event SAP provides Third Party Software to Licensee under the Software Agreement, SAP shall provide SAP Enterprise Support on such
Third Party Software to the degree the applicable third party makes such support available to SAP. Licensee may be required to upgrade to more
recent versions of its operating systems and databases to receive SAP Enterprise Support. If the respective vendor offers an extension of support
for its product, SAP may offer such extension of support under a separate written agreement for an additional fee.
In the event that Licensee is entitled to receive one or more services per calendar year, (i) Licensee shall not be entitled to receive such services in
the first calendar year if the Effective Date the Enterprise Support agreement is after September 30 and (ii) Licensee shall not be entitled to transfer
a service to the next year if Licensee has not utilized such service.
SAP Enterprise Support is provided according to the current maintenance phases of SAP software releases as stated in
www.service.sap.com/releasestrategy.
1.3.
1. 3.1
SAP Product Support for Large Enterprises
Defin it i ons
The following definitions only apply to this section 1.3:
SAP Confidential
124
“PSLE Solutions” shall mean all software for which SAP provides SAP PSLE excluding software to which special support agreements apply
exclusively.
“Go-Live” marks the point in time from when, after implementation of Licensee’s PSLE Solutions or an upgrade of PSLE Solutions, can be used by
Licensee for processing real data in live operation mode and for running Licensee’s internal business processes in accordance with the Software
Agreement..
“Maintenance Base” shall mean the contract price for PSLE Solutions pursuant to Part 1, section 1.1, including all discounts.
“Licensee Solution” shall mean PSLE Solutions and any other software licensed by Licensee from third parties, provided such Third Party Software is
operated in conjunction with PSLE Solutions.
“Production System” shall mean a live SAP system used for running internal business processes and where Licensee’s data is recorded.
“SAP Software Solution(s)” shall mean a group of one or multiple Production Systems running Licensee Solutions and focusing on a specific
functional aspect of Licensee’s internal business processes. Details and examples can be found on the SAP Service Marketplace (as specified in SAP
Note 1324027 or any future SAP Note that replaces SAP Note 1324027).
“SAP Support Services” shall mean SAP Product Support for Large Enterprises (PSLE), SAP Enterprise Support, or SAP Standard Support.
"Top Issues" shall mean software issues and/or failures identified and prioritized jointly by SAP and Licensee in accordance with the SAP standards
which (i) endanger the go-live of a pre-production system or (ii) have a significant business impact on a Licensee’s core Production System.
1. 3.2
Scope of S AP Pr od uct Su pport f or L ar ge E nt er pris es
SAP Product Support for Large Enterprises currently includes:
New software releases of the licensed PSLE Solutions, as well as tools and procedures for upgrades.
Support packages– correction packages to reduce the effort of implementing single corrections. Support packages may also contain corrections to
7.0 and SAP PLM 7.0 shipped in 2008), SAP provides enhanced functionality and/or innovation through enhancement packages or by other means as
available. During mainstream maintenance for an SAP core application release, SAP may, according to current procedure, provide one enhancement
Technology updates to support third party operating systems and databases. Available ABAP source code for SAP software applications and
additionally released and supported function modules.
Software change management, such as changed configuration settings or PSLE Solution upgrades, is supported for example through content and
information material, tools for client copy and entity copy, and tools for comparing customization.
SAP grants Licensee access to Guided Self-Services as part of SAP Solution Manager Enterprise Edition to support the technical solution
management of particular PSLE Solutions.
Configuration guidelines and content for PSLE Solutions are usually shipped via SAP Solution Manager Enterprise Edition,
Best Practices for SAP System Administration and SAP Solution Operations for SAP Software
SAP Configuration and Operation Content is supported as part of the PSLE Solutions.
Content, tools and process descriptions for SAP Application Lifecycle Management are part of the SAP Solution Manager Enterprise Edition, the
PSLE Solutions and/or the applicable documentation for the PSLE Solutions.
Message Handling
SAP Notes may contain coding corrections that Licensees can implement into their SAP system. SAP Notes also document related issues, customer
questions and recommended solutions (e.g. customizing settings).
Global message handling by SAP for problems related to PSLE Solutions (for more information, see section 1.3.3).
Global 24x7 escalation procedures.
Access to Services Content
SAP shall provide Licensee with access to SAP’s remote services methodology. Licensee may use this content to perform proactive support services
for the PSLE Solutions.
SAP Confidential
125
SAP Product Support for Large Enterprises Roadmap Planning
Up to two times per calendar year, Licensee and SAP will perform a joint telephone conference to exchange information about Licensee's current or
planned global projects to implement or upgrade PSLE Solutions, to review Top-Issues and risk mitigation plans and to discuss quality assurance
topics with regard to end-to-end operations of and support for Licensee's SAP Software Solutions, and to generally align on collaboration between
Licensee and SAP in the area of support activities and delivery of SAP Product Support for Large Enterprises services for Licensee's SAP Software
Solutions.
Licensee can contact the Local Support Manager of SAP to request a scheduling of such telephone conference.
If mutually agreed between Licensee and SAP, such planning can also take place in the course of an onsite meeting at a mutually agreed location.
SAP expressly states that a successful planning requires the support of Licensee's Customer Center of Expertise.
SAP Solution Manager Enterprise Edition
For more information refer to section 1.3.4.
Other Components, Methodologies, Content, and Community Participation
Monitoring components and agents for systems - to help monitor available resources and collect system status information of the PSLE Solutions
(such as SAP EarlyW atch Alert)
Pre-configured test templates and test cases are usually delivered via the SAP Solution Manager Enterprise Edition. In addition the SAP Solution
Manager Enterprise Edition assists Licensee’s testing activities with functionalities that currently include:
Test administration for PSLE Solutions by using the functionality provided as part of the SAP Solution Manager Enterprise Edition
Quality Management for management of "Quality-Gates"
SAP-provided tools for automated testing
SAP-provided tools to assist with optimizing regression test scope. Such tools support identifying the business processes that are affected by a
planned SAP Software Solutions change and make recommendations for the test scope as well as generating test plans (for details see
www.service.sap.com).
Content and supplementary tools to help increase efficiency, which may include implementation methodologies and standard procedures, an
Implementation Guide (IMG), and Business Configuration (BC) Sets.
reduce costs and risks. Such content currently includes:
End-to-End Solution Operations: Assists Licensee with the optimization of the end-to-end operations of Licensee’s SAP Software Solution.
Run SAP Methodology: Assists Licensee with application management, business process operations, and administration of the SAP NetWeaver®
technology platform, and currently includes:
The SAP standards for solution operations
The road map of Run SAP to implement end-to-end solution operations
Tools, including the SAP Solution Manager Enterprise Edition application management solution
For more information about the Run SAP methodology, see www.service.sap.com/runsap.
1. 3.3
Gl ob al M ess ag e Han dl ing
When Licensee reports malfunctions, SAP supports Licensee by providing information on how to remedy, avoid or bypass errors. The main channel for
such support will be the support infrastructure provided by SAP. Licensee may send an error message at any time. All persons involved in the message
solving process can access the status of a submitted message at any time.
In exceptional cases, Licensee can also contact SAP by telephone. SAP’s support requires that Licensee provides remote access as specified in section
1.3.5.
SAP will commence message handling on errors of very high priority (for a definition of priorities, see SAP Note 67739) within 24 hours, 7 days a week
provided that the following conditions are met:
The error must be reported in English and
Licensee must have a suitably skilled English-speaking employee at hand so that Licensee and SAP can communicate if SAP assigns the problem
message to an overseas SAP support center.
If these conditions are not met, SAP may not be able to start or continue the message handling.
SAP Confidential
126
1. 3.4
SAP Sol uti on M ana ge r Enter pr ise Editi on u nder P SLE
1.3.4.1
SAP Solution Manager Enterprise Edition (and its successors as provided by the respective Support contracts) shall be subject to the software
agreement on the provision and licensed use of the Software and is used solely for the following purposes under SAP PSLE:
Delivery of SAP PSLE and Support Services for Licensee Solutions, including delivery and installation of software and technology
maintenance for PSLE Solutions;
(i)
(ii)
Application Lifecyle Management for Licensee Solutions and for any other software components and IT assets licensed or otherwise obtained
by Licensee from third parties, provided such third party software, software components, and IT assets are operated in conjunction with PSLE
Solutions and are required to complete the Licensee’s business processes as documented in the solution documentation in SAP Solution
Manager Enterprise Edition (“Additional Supported Assets”). Such Application Lifecycle Management is limited solely to the following
purposes:
Implementation, configuration, testing, operations, continuous improvement, and diagnosis
Incident management (Service Desk), problem management, and change request management, provided they are supported through
the use of the SAP CRM technology that is integrated in SAP Solution Manager Enterprise Edition
Administration, monitoring, reporting and enterprise information services (Business Intelligence), provided they are supported through
the use of the SAP NetWeaver technology that is integrated in SAP Solution Manager Enterprise Edition. Business Intelligence can also
be carried out, provided Licensee has licensed the corresponding SAP BI Software as part of the PSLE Solutions.
Licensee does not require separate Package licenses for SAP CRM to use the Application Lifecycle Management described in (ii) above.
Licensee does require licenses for Named Users to use the SAP Solution Manager Enterprise Edition.
1.3.4.2
SAP Solution Manager Enterprise Edition may not be used for any other purposes than those mentioned herein. Independent of this
restriction, the Licensee may not use SAP Solution Manager Enterprise Edition for the following:
(i)
SAP CRM scenarios such as service plans, contracts, service confirmation management, unless these CRM scenarios
are explicitly described in section 1.3.4.1.
(ii)
Other SAP NetWeaver usage types than those mentioned above
(iii)
Application Lifecyle Management and in particular, Incident Management (Service Desk), except for the Licensee
Solutions and the Additional Supported Assets
(iv)
Non-IT Shared Services functions, including HR, Financial Accounting, or Procurement.
1.3.4.3
SAP may update the use cases for SAP Solution Manager Enterprise Edition exclusively at its own discretion on the SAP Service Marketplace
under http://service.sap.com/solutionmanager.
1.3.4.4
SAP Solution Manager Enterprise Edition must only be used by those persons for whom the Licensee has licensed as Named Users, is
subject to the terms and conditions for the Software, must only be used during the term of the PSLE contract, and must be used exclusively for
SAP-support-related activities to support the Licensee’s internal business transactions. The right to use any SAP Solution Manager Enterprise
Edition capabilities under SAP PSLE other than those above is subject to a separate written agreement with SAP, even if such capabilities are
accessible through or related to SAP Solution Manager Enterprise Edition. Regardless of the restrictions on Named Users described above,
the Licensee may allow all of its employees to access the Web Self-Service of SAP Solution Manager Enterprise Edition during the term of the
SAP PSLE contract, for the following purposes: Creation of support tickets, querying the status of support tickets and confirmation, which have
direct reference to Licensee Solutions and Additional Supported Assets.
1.3.4.5
In the event Licensee terminates SAP PSLE and receives SAP Enterprise Support or SAP Standard Support in accordance with section 1.3.9,
Licensee’s use of SAP Solution Manager Enterprise Edition shall be governed by the terms and conditions of the SAP Enterprise Support
Agreement or the SAP Standard Support Agreement as applicable.
1.3.4.6
Use of SAP Solution Manager Enterprise Edition may not be offered by customers as a service to third parties, other than those third parties
explicitly mentioned in the contract, even if such third parties have licensed SAP software and have licensed Named Users. This provision
does not apply to third parties who, under the terms of the Licensee’s contract for the provision and licensed use of SAP software, are
expressly permitted to access the SAP Solution Manager Enterprise Edition solely for the purposes of SAP-related Support in aiding the
internal business transactions of the Licensee under the terms of the SAP PSLE contract.
1. 3.5
Lice ns ee’s Res pon si bilities
SAP Product Support for Large Enterprises Program Management
In order to receive SAP Product Support for Large Enterprises services, Licensee shall fulfil the following requirements:
Licensee shall designate a qualified English speaking contact within its SAP Customer Center of Expertise (the “Contact Person”) and shall provide
contact details (in particular e-mail address and telephone number) by means of which the Contact Person or the authorized representative of such
Contact Person can be contacted at any time. Licensee’s Contact Person shall be Licensee’s authorized representative empowered to make necessary
decisions for Licensee or bring about such decision without undue delay.
1. 3.5.1 Other Re quir em ents
In order to receive SAP Product Support for Large Enterprises hereunder, Licensee must:
SAP Confidential
127
Hold all necessary licenses for the Licensee Solution
Continue to pay all SAP Product Support for Large Enterprise Service Fees as contractually agreed.
Otherwise fulfil its obligations under the contracts for the provision and licensed use of the Software and the SAP PSLE agreement .
Provide and maintain remote access via a technical standard procedure as defined by SAP and grant SAP all necessary authorizations, in particular
for remote problem analysis as part of message handling. Licensee shall grant such remote access without restriction regarding the nationality of the
SAP employee(s) who process support messages or the country in which they are located. Licensee acknowledges that failure to grant access may
lead to delays in message handling and the provision of corrections, or may render SAP unable to provide help in an efficient manner. The necessary
software components must also be installed for support services. For more details, see SAP Note 91488.
Have installed, configured and be using productively, an SAP Solution Manager Enterprise Edition system, with the latest patch levels for Basis and
the latest SAP Solution Manager Enterprise Edition support packages.
Establish a connection between Licensee’s SAP Solution Manager Enterprise Edition installation and SAP and a connection between the PSLE
Solutions and Licensee’s SAP Solution Manager Enterprise Edition installation. Licensee shall maintain the solution landscape and core business
processes in Licensee’s SAP Solution Manager Enterprise Edition system for all Production Systems and systems connected to the Production
Systems. Licensee shall document any implementation or upgrade projects in Licensee’s SAP Solution Manager Enterprise Edition system.
To fully enable and activate the SAP Solution Manager Enterprise Edition, Licensee shall follow all guidelines in the documentation.
Licensee agrees to maintain adequate and current records of all modifications and, if requested, promptly provide such records to SAP.
Licensee shall report all malfunctions by means of the current SAP Support infrastructure, which SAP makes available in the form of updates,
upgrades, or Add-ons.
Inform SAP without undue delay of any changes to Licensee’s installations and Named Users and all other information relevant to the PSLE Solutions.
1. 3.6
1. 3.6.1 R ole of t he Customer C en te r of Expert i se
In order to leverage the full potential value delivered as part of SAP Product Support for Large Enterprises, Licensee is required to establish a Customer
Center of Expertise (“Customer Center of Expertise”, or “Customer COE”). The Customer COE is designated by Licensee as a central point of contact
for interaction with the SAP support organization. As a permanent center of expertise, the Customer COE supports Licensee’s efficient implementation,
innovation, operation and quality of business processes and systems related to the SAP Software Solution based on the Run SAP methodology
provided by SAP (for more information on the Run SAP methodology, refer to www.service.sap.com/runsap). The Customer COE should cover all core
business process operations. SAP recommends starting the implementation of the Customer COE as a project that runs in parallel with the functional
and technical implementation projects.
13 .6.2
Ba si c Functi ons of t he C u st om er C OE
process and skills will be jointly reviewed in the framework of the service planning process and the certification audit.
Coordination of innovation requests: Collection and coordination of development requests from Licensee and/or affiliates provided such affiliates
are entitled to use the PSLE Solutions as contractually agreed. In this role the Customer COE shall also be empowered to function as an interface
to SAP to take all action and decisions needed to avoid unnecessary modification of PSLE Solutions and to ensure that planned modifications are
in alignment with the SAP software and release strategy. The Customer COE shall also coordinate Licensee’s modification notification.
Information management: Distribution of information (e.g. internal demonstrations, information events and marketing) about PSLE Solutions and
the Customer COE within Licensee’s group of affiliated companies.
Service Planning: Licensee regularly engages in a service planning process with SAP. The service planning starts during the initial implementation
and will then be continued regularly.
SAP Confidential
128
If Licensee has not established a certified Customer COE by the Effective Date of the PSLE contract, Licensee must establish a certified Customer COE
at the latest by the time one of the following two events occurs at the latest: (i) within twelve (12) months after the Effective Date of the PSLE contract; or
(ii) at the latest six (6) months after Licensee has gone live with at least one of the PSLE solutions in normal business operations. To obtain the valid
primary Customer COE certification (Primary Customer COE Certification) or re-certification (Re-Certification) by SAP, the Customer COE undergoes an
audit procedure that covers the basic functions (primary certification). Licensee has the option of obtaining an advanced certification of his Customer
COE. Detailed information about the process and conditions for Primary Certification and Re-Certification as well as available certification levels are
available in SAP Service Marketplace at http://service.sap.com/coe.
1. 3.7
Veri fi c ation
To check the compliance with the contractually agreed terms, SAP shall be entitled to periodically monitor (at least once annually and in accordance with
SAP standard procedures) (i) whether Licensee is eligible to receive SAP Product Support for Large Enterprises; (ii) the correctness of the information
provided by Licensee; and (ii) Licensee’s usage of the Solution Manager Enterprise Edition in accordance with the contractual regulations. If at any point
during the term of the SAP PSLE agreement SAP determines that Licensee has fallen below either the Maintenance Threshold or License Threshold
defined in Section 1.3.8, Section 1.3.8 shall apply accordingly.
1. 3.8
a.
Reven ue T hr es hold s
Licensee shall be eligible to receive SAP Product Support for Large Enterprises from the date at which Licensee informs SAP in writing about the
meeting of both of the following criteria:
(i)
the aggregate of the overall yearly expenditure of Licensee and all Licensee Affiliates on the following exceeds or is equal to CHF 6,000,000
(the “Maintenance Threshold”):
(a)
SAP Enterprise Support, whereas, for purposes of this paragraph, yearly expenditures shall be deemed to be the product of seventeen
(b)
SAP Product Support for Large Enterprises (currently 17%) times the applicable Maintenance Base;
(c)
SAP Standard Support, for which, for the purposes of this paragraph, the annual fees are defined as follows: 17% of Maintenance Base
(d)
Maintenance for software licensed from Business Objects; and
(e)
MaxAttention;
percent (17%) times the applicable Maintenance Base, irrespective of the then current SAP Enterprise Support Factor in effect,
for each contract, irrespective of the then current SAP Standard Support Factor in effect,
and
(ii)
the Maintenance Base exceeds or is equal to CHF 36,000,000 (the “License Threshold”).
SAP Cloud Services Fees Eligibility. If Licensee has an active order form(s) or agreements for one or more eligible SAP on demand services
listed here https://service.sap.com/~sapidb/011000358700000777502013E (“SAP Cloud Services”) with SAP and/or with affiliated company of
SAP AG registered in the same country as SAP and the SAP Cloud Services term of each such agreement is not less than five (5) years,
Licensee may apply up to forty percent (40%) of Licensee’s annual SAP Cloud Services fees due under each such agreement toward meeting the
Maintenance Threshold set forth in subsection (i) above.
b.1
During the term of the SAP PSLE agreement, Licensee shall be responsible for informing SAP if Licensee does not meet the Maintenance
Threshold and/or the License Threshold. Upon Licensee’s request, SAP will assist Licensee in this determination. If Licensee falls below either or
both of these thresholds, Licensee shall inform SAP thereof immediately and from the date Licensee falls below the Maintenance Threshold
and/or the Licensee Threshold, the following applies:
(a)
The SAP PSLE Factor for Licensee’s and Licensee’s Affiliates’ PSLE Solutions which has been contractually agreed between SAP and
Licensee is replaced by an SAP PSLE Factor of 22% in 2012, up to and including 2016. For the years 2017 and thereafter, the then
current SAP Enterprise Support Factor according to SAP’s then current List of Prices and Conditions applies;
(b)
The scope of SAP’s support shall remain as defined in Section 1.3.2 above;
(c)
The SAP PSLE Factor for any additional purchases of software licenses subsequent to falling below the Maintenance Threshold and/or
the License Threshold will be 22% up to and including 2016; and thereafter the then-current SAP Enterprise Support Factor according
to SAP’s then current List of Prices and Conditions;
SAP will offer to Licensee the option to select SAP Enterprise Support or SAP Standard Support in accordance with its then current terms and the
provisions of the following section b.2.
SAP Confidential
129
b.2
If Licensee selects SAP’s Enterprise Support offering, the following shall apply: the SAP Enterprise Support Factor is 20.1% in 2013, 20.8% in
2014, 21.4% in 2015, 22% in 2016; the SAP Enterprise Support Factor for additional purchases of software licenses subsequent to switching
to SAP Enterprise Support will be 22% up to and including 2016; and thereafter the then current SAP Enterprise Support Factor according to
SAP’s then current List of Prices and Conditions.
If Licensee selects SAP’s Standard Support offering, such services shall be provided in accordance with SAP’s then current terms and conditions
including without limitation pricing.
In either case, SAP and Licensee shall execute a respective change agreement to this effect.
In addition, the following applies: If on the day of or prior to falling below the Maintenance Threshold or the License Threshold, Licensee informs SAP
that it is migrating to SAP Standard Support or SAP Enterprise Support, Licensee is entitled to continue using SAP Product Support for Large
Enterprises at a factor of 17%, until such time as the migration has been contractually agreed but in total only for a maximum of three (3) months, after
which the factors specified in section b.1a) above will apply.
c.
Licensee is not eligible for SAP PSLE services:
(i)
during the period between meeting the criteria under section a) and the date at which SAP receives written notice from Licensee that
(ii)
during the period between the date at which Licensee falls below the criteria under section a) and the date at which Licensee informs
Licensee meets these criteria; and
accordingly, in the case where Licensee only informs SAP of its failure to meet the criteria after the date at which Licensee fell short of
these criteria.
d.
Licensee shall not receive any refund, including, but not limited to, previously paid maintenance fees, e.g. fees paid for SAP Enterprise
Support.
1. 3.9
Sel ection of SAP S ta ndar d Support or SA P En ter pr ise Sup port
Notwithstanding Licensee’s right of termination as set out in the SAP PSLE Agreement and provided Licensee is not in default of any obligations under
the SAP PSLE Agreement or its agreement for the provision and licensed us of the software, Licensee may select either SAP Enterprise Support or SAP
Standard Support in accordance with the following provisions:
Licensee may select SAP Enterprise Support either (i) with respect to all agreements for support that are solely on a calendar year renewal basis
effective on the beginning of any calendar month or (ii) with respect to all agreements for support that are not solely on a calendar year renewal
basis, effective on any monthly anniversary of the renewal date of such agreement. Licensee shall make such selection by giving to SAP three (3)
months' written notice thereof. The notice is deemed to be given at the time it is received by SAP. All existing SAP PSLE Support agreements shall
be terminated and replaced effective with the commencement of the SAP Enterprise Support agreement. Any such selection shall apply to all
PSLE Solutions and SAP and Licensee shall execute an SAP Enterprise Support agreement on SAP’s then-current terms and conditions for SAP
Enterprise Support, including without limitation pricing.
Licensee may select SAP Standard Support either (i) with respect to all agreements for support that are solely on a calendar year renewal basis,
effective on the start of a new calendar year, subject to the Minimum Term of Licensee’s first agreement for SAP PSLE; or (ii) with respect to all
agreements for support that are not solely on a calendar year renewal basis, effective on the start of the first renewal period in any calendar year
that follows the Minimum Term of Licensee’s first agreement for SAP PSLE. Licensee shall make such selection by giving to SAP three (3)
months' written notice thereof. The notice is deemed to be given at the time it is received by SAP. All existing SAP PSLE Support agreements shall
be terminated and replaced effective with the commencement of the SAP Standard Support agreement. Any such selection shall apply to all PSLE
Solutions and SAP and Licensee shall execute an SAP Standard Support agreement on SAP’s then current terms and conditions for SAP
Standard Support, including without limitation pricing.
For the avoidance of any doubt, selection to enroll in another type of SAP Support Services by Licensee pursuant to Support Services selection
provisions stated herein shall strictly apply to all of Licensee’s SAP software.
SAP Confidential
130
have all of its installations of the Software fully maintained or terminate the maintenance service completely. Partial termination of SAP PSLE or partial
selection of any one type of SAP Support Services by Licensee is not permitted.
1. 3.10
Sp ec ial N otic e
Failure to utilize SAP Product Support for Large Enterprises provided by SAP may prevent SAP from being able to identify and assist in the
correction of potential problems which, in return could result in unsatisfactory software performance for which SAP cannot be held responsible.
In the event SAP provides Third Party Software to Licensee under the Software Agreement, SAP shall provide support services on such Third
Party Software to the degree the applicable third party makes such SAP Product Support for Large Enterprises available to SAP. Licensee
may be required to upgrade to more recent versions of its operating systems and databases to receive SAP Product Support for Large
Enterprises. If the respective vendor offers an extension of support for its product, SAP may offer such extension of support under a separate
written agreement for an additional fee.
SAP Product Support for Large Enterprises is provided according to the current maintenance phases of SAP software releases as stated in
www.service.sap.com/releasestrategy.
1.4.
1. 4.1.
SAP Standard Support
Defin it i on s
The following definitions only apply to this section 1.4:
“Production System” shall mean a live SAP system used for running Licensee’s internal business operations and where Licensee’s data is recorded.
“Service Session” shall mean a sequence of support activities and tasks carried out remotely to collect further information by interview or by analysis of
a Production System resulting in a list of recommendations. A Service Session could run manually, as a self service or fully automated.
“Standard Support Solutions” shall mean all software for which SAP provides SAP Standard Support, excluding software to which special support
agreements apply exclusively.
1. 4.2.
Sc ope of SAP Standard Supp ort
SAP Standard Support currently includes:
New software releases of the licensed Standard Support Solutions, as well as tools and procedures for upgrades.
Support packages - correction packages to reduce the effort of implementing single corrections. Support packages may also contain corrections to
7.0 and SAP PLM 7.0 shipped in 2008), SAP may provide enhanced functionality and/or innovation through enhancement packages or by other
means as available. During mainstream maintenance for an SAP core application release, SAP’s current practice is to provide one enhancement
Technology updates to support third party operating systems and databases.
Technology updates to support third party operating systems and databases.
Available ABAP source code for SAP software applications and additionally released and supported function modules.
Software change management, such as changed configuration settings or Standard Support Solutions upgrades, is supported, currently for example
with content and information material, tools for client copy and entity copy, and tools for comparing customization.
Message Handling
SAP Notes may contain coding corrections that Licensees can implement into their SAP system. SAP Notes also document related issues, customer
questions, and recommended solutions (e.g. customizing settings).
SAP Confidential
131
Global message handling by SAP for problems related to Standard Support Solutions. When Licensee reports malfunctions, SAP supports Licensee
by providing information on how to remedy, avoid or bypass errors. The main channel for such support will be the support infrastructure provided by
SAP. Licensee may send an error message at any time. All persons involved in the message solving process can access the status of a submitted
message at any time. In exceptional cases, Licensee may also contact SAP by telephone. SAP’s support requires that Licensee provides remote
access as specified in Section 1.4.3 . SAP will commence message handling on errors of very high priority (for a definition of priorities, see SAP Note
67739) within 24 hours, 7 days a week provided that the following conditions are met: (i) The error must be reported in English and (ii) Licensee must
have a suitably skilled English-speaking employee at hand so that Licensee and SAP can communicate if SAP assigns the problem message to an
overseas SAP support center. If either or both of these conditions are not fulfilled, SAP may not be able to start message handling or to continue
message handling until these conditions are fulfilled.
Global 24x7 escalation procedures.
Remote Services
SAP Standard Support currently includes a choice of one of the following remote services per live installation per calendar year:
One GoingLive Check for e. g if the customer decides to implement new SAP software and use it productively;
One GoingLive Upgrade Check for an upgrade to a higher release; or
One GoingLive OS/DB Migration Check. This OS/DB Migration Check assists the Licensee in preparing for a migration of an operating system
or database. Migration is the responsibility of the Licensee.
In case of vital alerts reported by SAP EarlyWatch® Alert, up to two (2) SAP EarlyWatch® Checks may be performed per calendar year for a
production system if required.
A service can consist of one or more Service Sessions.
In order to meet the requested delivery date for a remote service, the service has to be ordered at least two months in advance of the desired remote
service delivery date. The right to services only exists for a specific installation and is not transferable to other installations.
Further information and detail about individual SAP services can be found in SAP Service Marketplace at http://service.sap.com/standardsupport.
SAP Solution Manager Enterprise Edition under SAP Standard Support
SAP Solution Manager Enterprise Edition (and any successor to SAP Solution Manager Enterprise Edition provided hereunder) shall be subject to the
agreement on the provision and licensed use of the software and is for the following purposes only under SAP Standard Support: (i) delivery of SAP
Standard Support, including delivery and installation, upgrade, and maintenance of Standard Support Solutions and (ii) re-active support upon request
from Licensee, including without limitation application of break fixes (e.g. patches, notes, etc.) and root cause analysis for Standard Support Solutions
and (iii) management of Standard Support Solutions using only those scenarios which are part of the functional baseline as defined on the Sap
Service marketplace http://service.sap.com/solutionmanager.
SAP in its sole discretion – may update from time to time on the SAP Service Marketplace under http://service.sap.com/solutionmanager the use
cases for SAP Solution Manager Enterprise Edition under SAP Standard Support.
SAP Solution Manager Enterprise Edition shall only be used for SAP Standard Support during the term of the Standard Support agreement and by the
Named Users licensed by Licensee subject to the licensed rights for the Software and exclusively for Licensee's SAP-related support purposes in
support of Licensee’s internal business operations. The right to use any SAP Solution Manager Enterprise Edition capabilities under SAP Standard
Support other than those listed above is subject to a separate written agreement with SAP, even if such capabilities are accessible through or related
to SAP Solution Manager Enterprise Edition. SAP Solution Manager must explicitly not be used for Third Party Software not licensed via SAP or any
other components or IT assets operated in conjunction with SAP software
In the event Licensee terminates SAP Standard Support and receives SAP Enterprise Support in accordance with Section 1.4.6, Licensee’s use of
SAP Solution Manager shall be governed by the terms and conditions of the SAP Enterprise Support Agreement.
Monitoring components and agents for systems to help monitor available resources and collect system status information of the Standard Support
Solutions (e.g. SAP Early Watch Alert).
Administrative integration of distributed systems through SAP Solution Manager Enterprise Edition for the purposes of Sap EarlyWatch Alert.
Content and supplementary tools designed to help increase efficiency, which may include implementation methodologies and standard procedures, an
Implementation Guide (IMG) and Business Configuration (BC) Sets.
SAP Confidential
132
reduce costs and risks.
1. 4.3.
Lic en see ’s Respons ibili tie s
SAP Standard Support Program Management
In order to receive SAP Standard Support hereunder, Licensee shall designate a qualified English speaking contact within its Customer COE (the
“Contact Person”) and shall provide contact details (in particular e-mail address and telephone number) by means of which the Contact Person or the
authorized representative of such Contact Person can be contacted at any time. Licensee’s Contact Person shall be Licensee’s authorized
representative empowered to make necessary decisions for Licensee or bring about such decision without undue delay.
Other Requirements
Furthermore, Licensee must especially without being limited to:
Hold all necessary licenses for the Standard Support Solutions.
Continue to pay all Standard Support Service Fees as contractually agreed.
Otherwise fulfill its obligations under the contracts for the provision and licensed use of Software and the Standard Support agreement.
Provide and maintain remote access via a technical standard procedure as defined by SAP and grant SAP all necessary authorizations, in
particular for remote analysis of issues as part of message handling. Licensee shall grant such remote access without restriction regarding the
nationality of the SAP employee(s) who process support messages or the country in which they are located. SAP points out that failure to grant
access may lead to delays in message handling and the provision of corrections, or may render SAP unable to provide help in an efficient manner.
The necessary software components must also be installed for support services. For more details, see SAP Note 91488.
Have installed, configured and be using productively, an SAP Solution Manager Enterprise Edition Software system, with the latest patch levels for
Basis and the latest SAP Solution Manager Enterprise Edition support packages.
Establish a connection between Licensee’s SAP Solution Manager Enterprise Edition installation and SAP and a connection between the Standard
Support Solutions and Licensee’s SAP Solution Manager Enterprise Edition installation.
Licensee shall maintain the solution landscape and core business processes in Licensee’s SAP Solution Manager Enterprise Edition system at
least for the Production Systems and systems connected to the Production Systems. Licensee shall document any implementation or upgrade
projects in Licensee’s SAP Solution Manager Enterprise Edition system.
To fully enable and activate the SAP Solution Manager Enterprise Edition, Licensee shall adhere to all guidelines in the applicable documentation.
Licensee agrees to maintain adequate and current records of all modifications and, if needed, promptly provide such records to SAP.
Submit all error messages via the then current SAP support infrastructure as made available by SAP from time to time via updates, upgrades or
Add-ons.
Inform SAP without undue delay of any changes to Licensee’s installations and Named Users and all other information relevant to the Standard
Support Solutions.
1. 4.4.
1. 4.4.1. R ole of t he C ustomer COE
The Customer Center of Expertise (“Customer COE”) is designated by Licensee as a central point of contact for interaction with the SAP support
organization. SAP recommends starting the implementation of the Customer COE as a project that runs in parallel with the functional and technical
implementation projects.
1. 4.4.2. Ba si c Functi ons of t he C u st om er C OE
process and skills will be reviewed in the framework of the service planning process and the certification audit.
Coordination of innovation requests: Collection and coordination of development requests from the Licensee and/or any of its affiliates provided
such affiliates are entitled to use the Standard Support Solutions as contractually agreed. In this role the Customer COE shall also be empowered
to function as an interface to SAP to take all action and decisions needed to avoid unnecessary modification of the Standard Support Solutions and
SAP Confidential
133
to ensure that planned modifications are in alignment with the SAP software and release strategy. The Customer COE shall also coordinate
Licensee’s modification notification and disclosure requirements.
Information management: Distribution of information (e.g. internal demonstrations, information events and marketing) about Standard Support
Solutions and the Customer COE within the Licensee’s group of affiliated companies.
Remote Service Planning: coordination of remote service delivery with SAP
1. 4.4.3. Cu st omer CO E C er t if i ca ti on
If Licensee does not already have a certified Customer COE upon the Effective Date, Licensee must establish a certified Customer COE upon the later
to occur of the following: (i) within twelve (12) months after the Effective Date, or (ii) within six (6) months after Licensee has started using at least one of
the Standard Support Solutions in live mode for normal business operations. To obtain the then-current primary Customer COE certification or recertification by SAP, the Customer COE undergoes an audit procedure. Detailed information on the initial certification and re-certification process and
conditions, as well as information on the available certification levels is available in SAP Service Marketplace at http://service.sap.com/coe.
1. 4.5.
Verif icati on
To check the compliance with the terms the contractual agreements, SAP shall be entitled to periodically monitor (at least once annually and in
accordance with SAP standard procedures especially without being limited to) (i) the correctness of the information provided by Licensee and (ii)
Licensee’s usage of the Solution Manager Enterprise Edition in accordance with in accordance with the contractual regulations.
1. 4.6.
Se lecti on of SAP E nt er pr ise S upp or t
Notwithstanding Licensee’s right of termination as set out in the Standard Support Agreement and provided Licensee is not in default of any obligations
under the Standard Support Agreement or its agreement for the provision and licensed use of the software, Licensee may select SAP Enterprise
Support in accordance with the following provisions:
(i) with respect to all agreements for support that are solely on a calendar year renewal basis effective on the beginning of any calendar month, or
(ii) with respect to all agreements for support that are not solely on a calendar year renewal basis, effective on the any monthly anniversary of the
renewal date of such agreement.
Licensee shall make such selection by giving to SAP three (3) months’ written notice thereof. The notice is deemed to be given at the time it is received
by SAP. All existing SAP Standard Support agreements shall be terminated and replaced effective with the commencement of the SAP Enterprise
Support agreement. Any such selection shall apply to all Standard Support Solutions and SAP and Licensee shall execute an SAP Enterprise Support
agreement on SAP’s then-current terms and conditions for SAP Enterprise Support, including without limitation pricing.
For the avoidance of any doubt, selection to enrol in another type of SAP Support Services by Licensee pursuant to Support Services selection
provisions stated herein shall strictly apply to all of Licensee’s SAP software.
have all of its installations of the Software fully maintained or terminate the maintenance service completely. Partial termination of SAP Standard Support
or partial selection of any one type of SAP Support Services by Licensee is strictly prohibited.
1. 4.7.
Sp e ci a l N oti ce
In the event that Licensee is entitled to receive one or more services per calendar year, (i) Licensee shall not be entitled to receive such services in
the first calendar year if the Effective Date of the SAP Standard Support contract is after September 30 and (ii) Licensee shall not be entitled to
transfer a service to the next year if Licensee has not utilized such service.
Failure to utilize SAP Standard Support provided by SAP may prevent SAP from being able to identify and assist in the correction of potential
problems which, in turn, could result in unsatisfactory software performance for which SAP cannot be held responsible.
In the event SAP provides Third Party Software to Licensee under the Software Agreement, SAP shall provide SAP Standard Support on such
Third Party Software to the degree the applicable third party makes such support available to SAP. Licensee may be required to upgrade to more
recent versions of its operating systems and databases to receive SAP Standard Support. If the respective vendor offers an extension of support
for its product, SAP may offer such extension of support under a separate written agreement for an additional fee. If the licensing agreement
between SAP and a third party vendor is terminated, support for this vendor’s Third Party Software will be provided through SAP according to the
defined support processes until the end of the wind-down period agreed upon between SAP and the third party vendor.
SAP Standard Support is provided according to the current maintenance phases of SAP software releases as stated in
www.service.sap.com/releasestrategy. Extended Maintenance for certain releases of the software is available at under a separate written
agreement and for additional license fees.
SAP Confidential
134
1.5.
SAP Standard Support for SAP Business One
1. 5.1. Defin it i on s
1.1 “Production System” shall mean a live SAP system used for running Licensee’s internal business operations and where Licensee’s data is recorded.
1.2 “Service Session” shall mean a sequence of support activities and tasks carried out remotely to collect further information by interview or by analysis
of a Production System resulting in a list of recommendations. A Service Session could run manually, as a self-service or fully automated.
1. 5.2. Sc op e of SAP S tandar d Su pport for B usi ne ss O ne
Licensee may request and SAP shall provide, to such degree as SAP makes such services generally available in the Territory, SAP Standard Support
services for SAP Business One. SAP Standard Support for SAP Business One currently includes:
New software releases of the licensed Standard Support Solutions as well as tools and procedures for upgrades.
Support packages - correction packages to reduce the effort of implementing single corrections. Support packages may also contain
corrections to adapt existing functionality to changed legal and regulatory requirements.
Technology updates to support third-party operating systems and databases.
Remote support platform for SAP Business One (RSP) as collaborative infrastructure for the delivery of remote support and remote services.
Message Handling
SAP Notes on the SAP Service Marketplace document software malfunctions and contain information on how to remedy, avoid and bypass
errors. SAP Notes may contain coding corrections that licensees can implement into their SAP system. SAP Notes also document related
issues, licensee questions, and recommended solutions (e.g. customizing settings).
Global message handling by SAP for problems related to Standard Support Solutions.
When Licensee reports malfunctions, SAP supports Licensee by providing information on how to remedy, avoid or bypass errors. The main
channel for such support will be the support infrastructure provided by SAP. Licensee may send an error message at any time. All persons
involved in the message solving process can access the status of the message at any time. In exceptional cases, Licensee may also contact
SAP by telephone. For such contact (and as otherwise provided) SAP requires that Licensee provides remote access as specified in Section
1.5.3 SAP will commence message handling on errors of very high priority (for a definition of priorities, see SAP Note 67739) within 24 hours,
7 days a week provided that the following conditions are met: (i) The error must be reported in English and (ii) Licensee must have a suitably
skilled English-speaking employee at hand so that Licensee and SAP can communicate if SAP assigns the problem message to an overseas
SAP support center. If either or both of these conditions are not fulfilled, SAP may not be able to start message handling or to continue
message handling until these conditions are fulfilled.
Monitoring components and agents for systems to monitor available resources and collect system status information of the Standard Support
Solutions (e.g. RSP).
Access to guidelines via the SAP Service Marketplace, which may include implementation and operations processes and content designed to
help reduce costs and risks.
Participation in SAP's customer and partner community (via SAP Service Marketplace), which provides information about best business
practices, service offerings, etc.
1. 5.3. Lic en see ’s Respons ibili tie s
1. 5.3.1. SAP St an dar d Su pp or t Pr ogram M an agem ent
In order to receive SAP Standard Support for SAP Business One hereunder, Licensee shall designate a qualified English speaking contact within its
SAP Customer Center of Expertise (“Customer COE”) (the “Contact Person”) and shall provide contact details (in particular e-mail address and
telephone number) by means of which the Contact Person or the authorized representative of such Contact Person can be contacted at any time.
Licensee’s Contact Person shall be Licensee’s authorized representative empowered to make necessary decisions for Licensee or bring about such
decision without undue delay.
1. 5.3.2. Other Re quir em ents
Licensee must further satisfy the following requirements:
(i) Continue to pay all Standard Support Fees for SAP Standard Support for SAP Business One.
(ii) Otherwise fulfill its obligations under the Software Agreements.
(iii) Provide and maintain remote access via a technical standard procedure as defined by SAP and grant SAP all necessary authorizations, in
particular for remote analysis of issues as part of message handling. Such remote access shall be granted without restriction regarding the nationality
of the SAP employee(s) who process support messages or the country in which they are located. Licensee acknowledges that failure to grant access
may lead to delays in message handling and the provision of corrections, or may render SAP unable to provide help in an efficient manner. The
necessary software components must also be installed for support services.
(iv) Make available to SAP Support organization a backup of the productive SAP Business One database whenever the processing of a support
message requires in-house investigation. Partner is responsible to obtain the consent to a hand over from individuals whose personal data is stored in
such database.
(iv) Establish and maintain an SAP certified Customer COE meeting the requirements specified in Section 1.5.4.
(vi) Activate RSP for the Production Systems and transmit data to SAP Backend systems.
(vii) Submit all error messages via the then current SAP support infrastructure as made available by SAP from time to time via updates, upgrades or
add-ons.
(viii) Inform SAP without undue delay of any changes to Licensee’s installations and Named Users and all other information relevant to the Standard
Support Solutions.
1. 5.4. Cu st om er C enter of E xp er ti se
1. 5.4.1. R ole of t he C ustomer COE
The Customer COE is designated by Licensee as a central point of contact for interaction with the SAP support organization. SAP recommends starting
the implementation of the Customer COE as a project that runs in parallel with the functional and technical implementation projects.
SAP Confidential
135
1. 5.4.2. Ba si c Functi ons of t he C u st om er C OE
The Customer COE must fulfill the following basic functions:
Support Desk: Set-up and operation of a support desk with a sufficient number of support consultants for infrastructure/application platforms
and the related applications during regular local working hours (at least 8 hours a day, 5 days (Monday through Friday) a week). Licensee
support process and skills will be reviewed in the framework of the certification audit.
Contract administration: Contract and license processing in conjunction with SAP (license audit, maintenance billing, release order processing,
user master and installation data management).
Coordination of innovation requests: Collection and coordination of development requests from Licensee and/or affiliates provided such
affiliates are entitled to use the Standard Support Solutions under the Software Agreement. In this role the Customer COE shall also be
empowered to function as an interface to SAP to take all action and decisions needed to avoid unnecessary customization of Standard
Support Solutions and to ensure that planned customizations are in alignment with the SAP software and release strategy. Information
management: Distribution of information (e.g. internal demonstrations, information events and marketing) about Standard Support Solutions
and the Customer COE within Licensee’s organization.
If Licensee does not already have a certified Customer COE upon the Effective Date, Licensee must establish a certified Customer COE upon the later
to occur of the following: (i) within twelve (12) months after the Effective Date, or (ii) within six (6) months after Licensee has started using at least one of
the Standard Support Solutions in live mode for normal business operations. To obtain the then-current primary Customer COE certification or recertification
by
SAP,
the
Customer
COE
undergoes
an
audit
procedure.
For the avoidance of doubt the Customer COE for SAP Business One program is a product-specific program which meets the specific needs of the SAP
Business One eco-system, it is independent from other Customer COE programs offered by SAP for other customer groups and/or other SAP products.
Detailed information on the initial certification and re-certification process and conditions, as well as information on the available certification levels is
available in SAP Service Marketplace at http://service.sap.com/smb/sbocustomer/coe.
1. 5.5. Verif icati on
To check the compliance with the terms of this Schedule, SAP shall be entitled to periodically monitor (at least once annually and in accordance with
SAP standard procedures) (i) the correctness of the information provided by Licensee.
1. 5.6.
Other Term s and C on di ti ons
So far as SAP offers maintenance service for it, all of Licensee’s SAP software must be covered by the maintenance service. Licensee must
always have all of its installations of the Software fully maintained or terminate the maintenance service completely. Partial termination of SAP
Standard Support for SAP Business One or partial selection of any one type of SAP Support Services by Licensee is strictly prohibited
FAILURE TO UTILIZE SAP STANDARD SUPPORT FOR SAP BUSINESS ONE PROVIDED BY SAP MAY PREVENT SAP FROM BEING
ABLE TO IDENTIFY AND ASSIST IN THE CORRECTION OF POTENTIAL PROBLEMS WHICH, IN TURN, COULD RESULT IN
UNSATISFACTORY SOFTWARE PERFORMANCE FOR WHICH SAP CANNOT BE HELD RESPONSIBLE.
In the event SAP licenses third party software to Licensee under the Agreement, SAP shall provide SAP Standard Support for SAP Business
One on such third party software to the degree the applicable third party makes such support available to SAP. Licensee may be required to
upgrade to more recent versions of its operating systems and databases to receive SAP Standard Support for SAP Business One. If the
respective vendor offers an extension of support for its product, SAP may offer such extension of support under a separate written agreement
for an additional fee.
SAP Standard Support is provided according to the current maintenance phases of SAP software releases as stated in
http://service.sap.com/releasestrategy.
SAP Confidential
136

SAP List of Prices and Conditions SAP Software and

Transcription

Similar documents

Record of Achievement

Variant configuration

Formerly, Zygen Technology

unit 5: financials - [email protected]

Record of Achievement

Efficient project management – Although employees are

Supply Chain Through Mobility

High Voltage Maintenance

Angiosperm Latin Name: Euphorbia ingens Common Name

Record of Achievement